Companies filing H-1B cap petitions for fiscal year 2022 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 2022 cap filing period April 1.
  • Petitioners may only file H-1B petitions on behalf of individuals who were selected in the H-1B electronic registration lottery in March. Petitioners were notified of selected candidates via their myUSCIS accounts.
  • Each selection notice includes 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.

Additional Information: USCIS saw a surge H-1B in registrations this year, receiving 308,613 from more than 37,000 employers. The number of registrations marked a 12.5% increase over last year’s total. Overall, 87,500 (or about 28%) of the FY 2022 registrations were selected to submit H-1B petitions. USCIS said it continues to monitor filing rates this year to determine whether it will select additional registrations to meet the FY 2022 numerical limitations.

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. The USCIS data demonstrates the popularity of the H-1B program and continued high demand for the limited annual number of visas. Employers may wish to work with their BAL attorney to consider alternatives for registrations that were not selected in March’s lottery. BAL will continue to monitor the possibility that USCIS will invite more registrants to submit H-1B petitions for FY 2022.

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

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