USCIS Releases H-1B Cap Registration Statistics

/

Between March 1, 2020, and March 20, 2020, USCIS received nearly 275,000 H-1B registrations filed roughly 40,000 employers during the inaugural year of the new pre-registration program. Beginning April 1, 2020, USCIS started accepting H-1B petitions for the selected registrations.

What percentage of registrations were selected?

The H-1B cap is made up of 65,000 regular cap cases, and 20,000 cases for those individuals who possess a US Master’s degree or higher. Based on the number of registrations received, individuals had roughly a 31% chance of being selected overall, for those in the advanced degree cap, the odds were slightly higher. 46% of all registrations were filed for individuals with a US Master’s degree or higher.  

What happens next?

USCIS has confirmed they will begin accepting full H-1B petitions for those registrations that were selected in the lottery. Employers have 90 days to file H-1B cap-subject petitions and must only file H-1B petitions for those individual beneficiaries who were selected in the registration lottery. 

USCIS requires employers to include a printed copy of the registration selection notice with the FY2021 H-1B cap-subject petition. 

Can we request premium processing? 

No, on March 21, 2020, USCIS announced they suspended all premium processing requests for Form I-129 – this includes H-1B cap-subject petitions.

Can we file with a digitally reproduced signature?

Yes, on March 21, 2020, USCIS relaxed the “wet ink” signature requirement and began accepting immigration forms with digitally reproduced signatures, this will remain in effect until the COVID-19 National Emergency is over.   

Employers must retain a copy of the original document containing the original handwritten signature as USCIS can request this at a future date. 

Can beneficiaries apply for H-1B Cap-Gap?

If a beneficiary’s H-1B pre-registration has been selected and they are requesting an H-1B change of status, they should reach out to their DSO to ensure they update their I-20. 

Key Tips: 

  • Ensure you file the H-1B petition with a certified LCA and all supporting documents;

  • Do not request premium processing; 

  • Include a printed copy of the H-1B pre-registration selection notice; and Verify the correct filing address on the USCIS website. 

Questions?

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