FY 2021 H-1B Cap Petitions May Be Filed as of April 1

Last Updated on February 23, 2023

U.S. Citizenship and Immigration Services (USCIS) confirmed that it will start accepting fiscal year (FY) 2021 H-1B cap petitions starting April 1, 2020. 

What Happened?

Petitioners can begin filing their selected H-1B cap petitions beginning April 1. A petitioner is only eligible to file an FY 2021 H-1B cap-subject petition if their beneficiary was selected through the electronic registration lottery system. An H-1B cap-subject petition must be filed within the period indicated on the registration selection notice. The period for filing the H-1B cap-subject petition will be at least 90 days. 

Who Does This Impact?

This impacts petitioners (employers) and their H-1B beneficiaries (employees) who were selected in the lottery via the electronic registration and plan on submitting an FY2021 H-1B cap petition. 

How Are Envoy and GIA Responding?

GIA is currently in the process of preparing petitions selected in the electronic registration. If a case was not selected in the registration, Envoy and GIA will be in contact with contingency plans shortly. 

What Do I Need To Do Next?

Should you have any questions regarding this update, please reach out via the Communication Center. 

 

Envoy is pleased to provide you this information, which was prepared in collaboration with Sara Herbek, who is a Managing 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.