Articles Posted in H-1B Cap

USCIS has announced that they will open their initial registration time period for H-1B cap-subject petitioners for Fiscal Year 2021 (FY 2021) from Sunday, March 1, 2020 to Friday, March 20, 2020.

• During this timeframe, H-1B cap-subject petitioners, including those eligible for the advanced degree exemption, seeking to file a FY 2021 H-1B cap petition will be required to first register electronically with USCIS and pay the associated $10 H-1B registration fee for each submission.
• Prospective petitioners or their authorized representatives must electronically submit a separate registration naming each alien for whom they seek to file an H-1B cap-subject petition. Duplicate registrations are prohibited.

USCIS announce of Friday, December 6, 2019 that they have completed the initial pilot program testing the H-1B electronic registration process which will include a $10 registration fee. This fee is just to register online to be included in the Fiscal Year (FY) 2021 H-1B cap selection. This new H-1B electronic registration process includes those eligible for the advanced degree exemption. The government feels that the new electronic registration process will streamline the application process, reduce paperwork and allow for better data exchange leading to an overall cost savings.

For further details please review the USCIS News Article, “USCIS Announces Implementation of H-1B Electronic Registration Process for Fiscal Year 2021 Cap Season”.

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The Department of Homeland Security (DHS) has proposed a minimal registration fee for petitioners seeking to file H-1B Cap-Subject Petitions. DHS announced on Tuesday, September 3^rd, a proposed rule change that would require petitioners seeking to file H-1B cap-subject petitions to pay a $10 registration fee for each electronic registration they submit to USCIS.

Under the new electronic registration requirement, sponsoring employers seeking to file H-1B cap applications have first electronically register with the USCIS during a designated registration period. Only those pre-registries will be eligible to file an H-1B cap-subject application.

For complete details, please review the USCIS News Alert, “DHS Proposes Minimal Registration Fee for Petitioners Seeking to File H-1B Cap-Subject Petitions” for more details.

USCIS issued a news alert on Thursday, August 15th stating that they have returned all fiscal year 2020 (FY 2020) H-1B cap-subject petitions that were not selected in their computer-generated lottery. USCIS completed the data entry of all selected H-1B cap-subject petitions on May 17th (USCIS Completes Data Entry of Fiscal Year 2020 H-1B Cap-Subject Petitions). If you submitted a cap-subject petition between April 1st and April 15th of this year and have not received a receipt notice or a returned petition by August 29, 2019, contact USCIS for assistance.

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USCIS.gov, 8/15/19, News Alert:

USCIS issued a news alert on Thursday, August 15th stating that they have returned all fiscal year 2020 (FY 2020) H-1B cap-subject petitions that were not selected in their computer-generated lottery. USCIS completed the data entry of all selected H-1B cap-subject petitions on May 17th (USCIS Completes Data Entry of Fiscal Year 2020 H-1B Cap-Subject Petitions). If you submitted a cap-subject petition between April 1st and April 15th of this year and have not received a receipt notice or a returned petition by August 29, 2019, contact USCIS for assistance.

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USCIS.gov, 8/15/19, News Alert:

USCIS announced (by news alert) on Friday, May 17, 2019 that they have completed the data entry of all Fiscal Year (FY) 2020 H-1B cap – subjected petitions that have been selected randomly through a computer generated process. USCIS will begin returning all H-1B petitions that were not selected but because of the large amount received; the return time frame is unknown. They also ask that petitioners not contact them until they have received a receipt notice or had their unselected petition returned.

For more detailed information about this subject please review the USCIS News Alert, “USCIS Completes Data Entry of Fiscal Year 2020 H-1B Cap-Subject Petitions“.

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USCIS announced (by news alert) on Friday, May 17, 2019 that they have completed the data entry of all Fiscal Year (FY) 2020 H-1B cap – subjected petitions that have been selected randomly through a computer generated process. USCIS will begin returning all H-1B petitions that were not selected but because of the large amount received; the return time frame is unknown. They also ask that petitioners not contact them until they have received a receipt notice or had their unselected petition returned.

For more detailed information about this subject please review the USCIS News Alert, “USCIS Completes Data Entry of Fiscal Year 2020 H-1B Cap-Subject Petitions“.

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U.S. Citizenship and Immigration Services (USCIS) have announced that they reached the H-1B cap of 65,000 for fiscal year (FY) 2020. USCIS has also received more than 20,000 H-1B petitions filed on behalf of persons exempt from the cap under the advanced degree exemption (master’s cap). USCIS will reject and return filing fees for all unselected cap-subject petitions that are not prohibited multiple filings. Remember, USCIS will continue to accept and process H-1B petitions that are otherwise exempt from the cap. USCIS noted that they received 201,011 H-1B petitions during the FY 2020 filing period!

For more information please read the USCIS news alert, “USCIS Completes the H-1B Cap Random Selection Process for FY 2020 and Reaches the Advanced Degree Exemption Cap“.

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On Friday, April 5^th, USCIS announced that it had reached what they feel is enough H-1B petitions to fill the 65,000 H-1B regular cap for fiscal year (FY) 2020. They will next start to make sure they have enough H-1B petitions to fill the 20,000 H-1B visa U.S. advanced degree exemption (master’s cap). USCIS will reject and return filing fees for all unselected cap-subject petitions that are not prohibited multiple filings. Remember, USCIS will continue to accept and process H-1B petitions that are otherwise exempt from the cap.

Please review USCIS News Alert, “USCIS Reaches FY 2020 H-1B Regular Cap” for more details.

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USCIS has extended the temporary suspension of premium processing for cap-subject H-1B petitions originally set to expire on September 10, 2018. The extended suspension will start September 11, 2018 and is expected to end on February 19, 2019. Petitioners will temporarily be unable to request premium processing for most types of H1B petitions.

For further details please review the USCIS News Alert, “USCIS Extends and Expands Suspension of Premium Processing for H-1B Petitions to Reduce Delays “.

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