UPDATED: Key Deadlines Approaching for H-1B CAP Electronic Registration Process | Miller Canfield

UPDATE FEBRUARY 11, 2022: Employers wishing to sponsor candidates for the original H-1B sponsorship should note that the electronic registration dates for the H-1B have been announced by the U.S. Citizenship and Immigration Services (USCIS). USCIS has announced that the H-1B electronic registration period will open at 12:00 EST on March 1, 2022 and run until 12:00 EST on March 18, 2022. During this period, employers can apply for registration for any employees they wish to sponsor to obtain an initial H-1B work permit. Employers who have not previously created a USCIS account for candidate registration will be able to do so starting at 12:00 EST on February 21, 2022. USCIS intends to notify account holders of selected registrations by March 31, 2022. However, employers can be made known of selected registrations up to that date.

Original warning of January 14, 2022:

Employers seeking to sponsor candidates for the initial H-1B sponsorship (commonly known as the “H-1B CAP”) should begin preparations for the H-1B electronic registration process. Although the U.S. Citizenship and Immigration Services (USCIS) did not announce exact dates for electronic registration, previous registration periods opened for three weeks in March, and employers were notified of their choice shortly after the registration period ended.

Here is an incomplete summary of the H-1B CAP registration process:

  • During the open registration period, registered employers must create an online account with USCIS and register both the employer’s corporate information (if it has not been completed before) and the employee information that the employer will sponsor. USCIS will assign a unique registration number to each employee.
  • USCIS requires a non-refundable fee of $ 10 for each employee registration submitted, and payment is only available through https://www.pay.gov/public/home.
  • To sponsor each employee, employers must indicate their legal name, gender, date of birth, country of birth and citizenship, and passport number, and indicate whether the recipient has a master’s degree or higher from a U.S. higher education institution. (making the beneficiary eligible for exemption from the higher degree).
  • At the time of filing the electronic registration the authorized employer must confirm under threat of perjury that the information provided in the registration is accurate and complete and that the employer intends to apply H-1B on behalf of the said employee if selected.
  • Although e-registration dates have not yet been announced, registration will be open for at least 14 days in March. During this period, employers can apply for any employees they wish to sponsor. USCIS will announce the actual expiration date of the registration period on its website depending on the number of registrations received. Last year, the initial registration period was open from March 9, 2021 to March 25, 2021.
  • In late March, a few days after the end of the registration period, USCIS will conduct a random selection process from all duly submitted electronic registrations and notify employers (and their designated representatives) by email or text message of their selected registrations. Employers ’online accounts will be updated with a notice of selection for each selected employee registration so that the employer can apply for the H-1B CAP on behalf of the person named in the notice. The application must be submitted in accordance with the deadline specified in the notice.
  • If USCIS receives more than enough registrations to qualify for the regular and advanced H-1B CAP degree, all registrations that were not selected in the lottery will remain on the waiting list with the status “sent”. USCIS will select from those registrations that are on the waiting list to fulfill the numerical size only when necessary.
  • Employers with selected registrations can start filing H-1B CAP applications on April 1, 2022and will be given at least 90 days from the date of registration registration apply H-1B CAP. USCIS will consider petitions in the order in which they were obtained.
  • USCIS will not consider a request to restrict H-1B properly filed unless it is based on a valid, selected registration of the same employee and the relevant fiscal year, unless the registration requirement is suspended.
  • Lawyers may file a registration on behalf of the employer provided that the G-28 form is submitted on behalf of the employer.
  • The Application for Working Conditions (LCA) does not need to be completed before the electronic registration process, but if employee registration is selected, the employer must include a certified LCA with the H-1B application.
  • Employers requesting a change of F-1 status on behalf of an employee seeking restricted protection must apply to the H-1B CAP BEFORE the end of the employee’s optional practical training (OPT)regardless of the 90-day application period allotted for filing an H-1B CAP application upon receipt of the registration selection notice.
  • USCIS has not yet announced whether premium processing will be available for H-1B CAP petitions.

USCIS will publish on its website step-by-step instructions on completing the registration process along with key dates and deadlines as the initial registration period approaches. Updates in the H-1B CAP registration process are ongoing and we will continue to provide new information as it becomes available.

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