USCIS to Permit Resubmission of Certain FY 2021 H-1B Petitions Rejected Due to Start Date

June 25, 2021 Anne Walsh


Starting on June 23, 2021, U.S. Citizenship and Immigration Services (USCIS) will accept resubmissions for fiscal year (FY) 2021 H-1B cap subject petitions that were closed or rejected because the requested start date was later than Oct. 1, 2020. Petitions must be resubmitted before Oct. 1, 2021 to be considered. 


In FY 2021, USCIS implemented H-1B lottery electronic registration. Selected registrants notified by April 1, 2021 were obligated to submit full H-1B cap petitions by June 30, 2021. USCIS did not receive full H-1B cap petitions for all selected registrants. As such, USCIS selected additional registrants to meet numerical allocations. Some petitioners in the later selections indicated a petition start date after Oct. 1, 2020 and USCIS initially rejected or closed those petitions due to the start date. However, the agency is reconsidering those applications after concluding that it is not required to reject or close the petitions based on governing regulations.   

Looking Ahead  

USCIS is accepting applicable petitions immediately. To ensure eligibility and subsequent receipt and processing, employers should work with counsel to follow all USCIS instructions on qualifying FY 2021 H-1B cap case re-filings. These re-filings are due to USCIS before Oct. 1, 2021. 

Envoy is pleased to provide you this information, which was prepared in collaboration with Anne Walsh, who is a Partner at Global Immigration Associates, P.C. (, Envoy’s affiliated law firm. 

Content in this publication is not intended as legal advice, nor should it be relied on as such. For additional information on the issues discussed, consult an Envoy-affiliated attorney or another qualified professional. 


About the Author

Anne is a Partner with Global Immigration Associates. In this role, she provides counsel for companies ranging from startups to Fortune 500 corporations and their foreign national employees. Anne’s practice focuses on obtaining visas and employment-based green cards in all categories; immigration compliance arising from corporate changes, such as reorganizations and restructuring; and office relocations and company immigration policies and best practices. She also has extensive experience preparing and reviewing business immigration filings, requests for further evidence and appeals, and in researching and analyzing immigration statutes, policy and procedure. Anne works with clients in several industries, including software, cloud technology, manufacturing and electronics. In addition to her employment-based practice, Anne provides counsel for individuals pursuing visas and green cards through family relationships.

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