USCIS Completes H-1B Cap Electronic Registration Selection Process

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Today, USCIS announced they have completed the random lottery of all electronic registrations received during the initial period of the FY2021 H-1B cap. 

What happens next?

USCIS expects to notify successful petitioners by March 31, 2020. Once a petitioner receives notification that a registration has been selected, they can proceed to file the full H-1B petition on behalf of the selected beneficiary. 

How will I know if an electronic registration has been selected? 

USCIS will update the registrants’ online account with one of three statuses for every registered beneficiary: 

  1. Submitted: A registration status may continue to show “Submitted” after the initial selection process has been completed. “Submitted” registrations will remain in consideration for selection until the end of the fiscal year, at which point all registration statuses will be Selected, Not Selected, or Denied. 

  2. Selected: Selected to file an FY 2021 H-1B cap-subject petition. 

  3. Denied: A duplicate registration was submitted by the same registrant for the same beneficiary, or a payment method was declined and not reconciled. If denied as a duplicate registration, all registrations you submitted for this beneficiary for the fiscal year are invalid.

What should I do if a registered beneficiary is selected?

If the status shows “Selected” you may now prepare the full H-1B petition, with supporting documents for filing. USCIS previously announced they will begin accepting the full H-1B petitions for selected cases beginning April 1, 2020 - DO NOT FILE BEFORE THIS DATE. 

It is important to note that H-1B petitions can ONLY be filed on behalf of the beneficiary in the selected registration notice. 

What should I do if a registered beneficiary is not selected? 

USCIS has stated that registrations will remain in consideration for selection until the end of the fiscal year, which is September 30, 2020. If a beneficiary’s registration is not selected now, there is a chance it may be in the coming months. However, you should utilize this time now to explore alternative contingency plans to ensure all possible immigration options have been assessed. 

Questions?

If you have any additional questions about your H-1B cap registrations, please contact your Ellis Porter attorney and we will be happy to provide further clarification and assistance.