USCIS Begins Sending H1B Selection Results to Chosen Registrants

Within the newest H-1B visa information, USCIS has begun sending some H1-B choice outcomes to lottery registrants for the FY 2022 Cap Season. Our workplace has already obtained many of those choice notices, and we anticipate extra to return within the days forward. For those who have been chosen within the H-1B lottery, USCIS will notify your employer or lawyer who submitted your registration.

Necessary: Totally-completed H-1B visa petitions want to incorporate a replica of the Registration Choice discover and have to be filed on the USCIS service middle indicated on the Registration Choice discover.

H1B Choice Outcomes Subsequent Steps

After being notified of a variety discover, the subsequent step is to obtain the PDF in your choice discover and browse the main points, together with which USCIS service middle your full petition ought to be filed at. Employers have till June 30, 2021, to file their full H-1B petition and submit it to USCIS. Ought to the petition not be submitted by the deadline indicated on the Registration Choice discover, USCIS will void all the petition. An H-1B choice shall be awarded to a distinct registrant in step with the lottery waitlist.

Solely the employers named on the choice discover can file the entire H-1B petition for the worker named. Fraud just isn’t taken frivolously, and it isn’t sensible to attempt to full a petition for an worker not initially on the lottery registration.

Observe: Our workplace has been notified by AILA that some registrations submitted days earlier than the lottery registration closed have been proven as “in progress” within the H-1B registration portal. Some members additionally reported that “in progress” registrations seemingly disappeared from the portal. USCIS was made conscious of the technical problem, and it has now been mounted. 

File a Totally-Ready H1B Petition As Quickly As Attainable

For those who have been chosen within the FY 2022 H-1B lottery, it’s extremely suggested to finish a completely ready petition as shortly as potential. The window to file opens on April 1 and closes on June 30. For those who wait too lengthy, you received’t have the ability to re-file, however re-file is feasible if it’s rejected throughout the window.

We might even see many Requests for Proof (RFE) once more this yr, equally to final yr, in addition to added probing on the a part of USCIS. One of many greatest issues to bear in mind is that any entry-level place—categorized as Wage Degree 1—must be in step with the Stand Occupational Classification (SOC) class and the job description. USCIS won’t settle for some entry-level jobs in sure SOC classes to fulfill the specialty job occupation standards. One other key issue USCIS shall be rigorously scrutinizing is the employer-employee relationship, which incorporates center distributors. It’s greatest to seek the advice of your case legal professional for one of the best possibilities of an H-1B approval with the suitable documentation. If you’re uncertain the best way to deal with the subsequent steps together with your H1B choice outcomes, our workforce may be of help as effectively.