Just lately, in a Information Launch, U.S. Citizenship and Immigration Companies [USCIS] introduced that it will likely be permitting the resubmission of sure H-1B cap-subject petitions – for the Fiscal Yr [FY] 2021 – that had been “rejected or administratively closed” solely as a result of the requested begin date was after October 1, 2020.
The H-1B is essentially the most sought-after non-immigration visa for the U.S., particularly among the many Indian IT professionals.
If the FY 2021 H-1B petition had been rejected or administratively closed – because of the petition being primarily based on a registration submitted throughout the preliminary registration interval, however a begin date after October 1, 2020 requested – would possibly re-submit their beforehand filed utility.
| Such petitions need to be re-submitted earlier than October 1, 2021.
If submitted correctly, USCIS can be contemplating the petition “to have been filed on the unique receipt date”. |
The FY 2021 H-1B cap registration choice discover can even need to be included with the re-submitted utility.
If acquired, a rejection or administrative closure discover for the unique FY 2021 H-1B cap petition can even need to be included.
For making certain evaluation upon receipt, USCIS encourages the usage of a “brightly coloured coversheet” that clearly states the rationale behind the re-filing of the applying.
In 2020, USCIS had adopted an digital registration course of for the H-1B cap-subject functions.
A potential petitioner, looking for to file a H-1B cap-subject petition on behalf of a overseas employee, is required to first register electronically for a similar.
The digital H-1B registration course of has streamlined the processing with the discount of the paperwork concerned within the course of.
The H-1B preliminary registration interval for Monetary Yr 2022 had opened on March 9, 2021 and ran by March 25, 2021.
On March 30, 2021, USCIS introduced that the H-1B preliminary digital registration choice course of had been accomplished for the Fiscal Yr [FY] 2022.
| Why have been these H-1B petitions rejected earlier and now being re-considered by USCIS? |
| For FY 2021, the variety of H-1B petitions acquired by USCIS was under the projected quantity required for reaching the numerical allocation.
This discrepancy could be linked with the principle components of – [1] the affect of the COVID-19 pandemic, and [2] the truth that FY 2021 was the primary yr following the implementation of the digital registration course of. In August 2020, USCIS chosen extra registrations that had been held in reserve. The submitting interval for registrations that have been chosen in August 2020 ended on November 16, 2020. Therefore, USCIS rejected or administratively closed petitions primarily based on registrations submitted throughout the preliminary registration interval however indicated a begin date after October 1, 2020. Based on USCIS, “Upon reconsideration, we not imagine that the rules required us to reject or administratively shut these petitions.” |
Indians stay the largest recipients of the H-1B visas for the U.S. H-1B staff are a lot in demand amongst employers within the U.S.
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