In a statement issued earlier today, the US Citizenship and Immigration Services (USCIS) said, “We recently determined that we needed to select additional registrations to reach the FY 2022 [H-1B] numerical allocations.”
USCIS conducted a second random lottery from the original pool of FY22 H-1B cap registrants on July 28. Employers started receiving notifications earlier today. Applicants with selected registrations will see this update reflected in their myUSCIS account, with further details on when and where to file. Individuals with selected registrations will have from August 2, 2021, to November 3, 2021, to file their petition.
This is the second consecutive year that USCIS has done two rounds of the lottery to meet the H-1B quota of 85,000 total allocated visas.
Employers submitted H-1B cap registrations for 308,613 workers for FY22. USCIS uses historical data to calculate the number of registrations needed to meet the H-1B cap for a given fiscal year. For FY22, USCIS did not receive the expected volume of H-1B cap petitions, necessitating the second lottery. The initial filing period for those with selected registrations for FY 2022 was from April 1, 2021, through June 30, 2021.
Also in the news, is a preliminary injunction filed against USCIS to stop the second lottery for FY22. The plaintiffs allege that the H-1B registration process allows for abuse of the system. As the second lottery is well underway, they may pursue other legal recourse.
Erickson Immigration Group will continue to send updates as more news is available. If you have questions about anything we’re reporting above or case-specific questions, please contact your employer or EIG attorney.