Last Updated on February 23, 2023
Overview
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.
Background
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. (www.giafirm.com), 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.
