Reminder: H-1B cap filing period closes end of this month

Companies filing H-1B cap petitions for fiscal year 2021 are reminded that the 90-day filing period closes at the end of June.

Key points:

• U.S. Citizenship and Immigration Services (USCIS) opened the fiscal year 2021 cap filing period April 1.
• Petitioners may only file H-1B petitions on behalf of individuals who were selected in the new H-1B electronic registration process in March. Petitioners were notified of selected candidates via their myUSCIS accounts.
• Each selection notice provided the 90-day window during which the petitioner may file the full H-1B petition on behalf of the selected beneficiary. Petitioning employers must file their petitions within the filing window specified on the selection notice.

Background: The agency debuted the H-1B electronic registration process this year, requiring all petitioners to submit a registration for each potential H-1B cap beneficiary. More than 275,000 registrations were submitted, and USCIS completed the selection process at the end of March. The agency announced last week that it plans to resume premium processing for cap-subject H-1B petitions June 22.

BAL Analysis: Companies should work with their BAL professional to ensure that their H-1B cap petitions are filed before the end of the month and identify cases for which premium processing will be requested when the expedited service resumes. BAL clients may log in to BAL’s H-1B Electronic Registration Resource Center for updates on H-1B cap season.

This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2020 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.