H1B Cap 2022 Filing Timeline

Introduction

The clock is ticking!

March 9, 2021 marks the first day that USCIS accepts H1B registrations for the fiscal year 2022 that begins on October 1, 2021 and it will be here sooner than you realize.

Under the USCIS’ H1B Registration Rule, employers seeking to file an H-1B cap petition are required to submit an H-1B electronic registration for each worker during a registration period that is open between March 9 and March 25, 2021. March 9, 2021, marks the beginning of the race for obtaining an H1B visa before the quota or “cap” is reached.

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H1B Cap – What happened in the recent past?

1. FY 2021

The H1B Regular and Master’s Cap was during the initial registration period between March 1, and March 20, 2020.

2. FY 2020

The H1B Regular and Master’s Cap was filled within the first week of the filing period. USCIS conducted a lottery on April 10, 2019.

3. FY 2019

The H1B Regular and Master’s Cap was filled within the first week of the filing period. USCIS conducted a lottery on April 11, 2018.

4. FY 2018

The H1B Regular and Master’s Cap was filled within the first week of the filing period. USCIS conducted a lottery on April 11, 2017.

5. FY 2017

The H1B Regular and Master’s Cap was filled within the first week of the filing period. USCIS conducted a lottery on April 9, 2016.

The above trend reiterates the urgent need to accurately prepare and submit your H1B Cap 2022 registrations on March 9th.


VisaPro’s H1B Visa 2022 Timeline

To help you increase the chances of H1B petition lottery selection and approvals, here we present a step-by-step advice for H1B cap filings.


Step 1 – Early December

Identify your H1B needs, discuss strategy with your VisaPro immigration lawyer and finalize the list of applicants.

IMPORTANT
When looking to hire an individual who has previously received an H1B approval, it is important to determine whether this person has been previously counted towards the cap or not.

For example, if you are hiring someone who has worked for a university and thus may have qualified for cap-exemption, this person’s petition may need to be filed in the H1B cap as they may not be previously counted.

Step 2 – Early January

Have potential employees with foreign degrees gather and request required transcripts and experience letters (if necessary) in order to be ready to obtain foreign credential evaluation.

IMPORTANT
For any person who graduated from a non-U.S. institution of higher learning, it is important to obtain a degree equivalency evaluation that will be submitted with the H1B visa petition.

Degree evaluation services tend to be inundated with requests during the H1B season, hence, waiting until the last minute could seriously affect your ability to obtain the evaluation in a timely manner.

Step 3 – Early February

Determine the prevailing wage; develop detailed job descriptions; begin gathering supporting documentation.

DID YOU KNOW?
In FY 2021, USCIS received 275,000 H1B registrations during the initial H-1B registration period between March 1 and March 20, 2020.

Step 4 – March 1 to March 20

Submit the H1B registration, along with a $10 registration fee, for each applicant.

Step 5 – April 1 to June 15

File the Labor Condition Application (LCA) with the Department of Labor (DOL). Prepare all H1B Forms, Support Letter and other required supporting documentation.

IMPORTANT
Before employers can file H1B petition, they must first file for and obtain a certified Labor Condition Application from the U.S. Department of Labor.

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Step 6 – April 15 to June 25

Mail the petition to USCIS for delivery before June 30, 2021.

TIP
File H1B petitions for more than one qualified person to improve your company’s chances of getting selected in the lottery and get approved. It may be worth your investment to file for more individuals considering that you will not be able to hire new H1B foreign nationals until October 1, 2022 if you miss this year H1B Cap.

H1B Visa Cap 2016 Timeline

My Case Scenario
Kumar

Kumar is a software engineer who is working pursuant to OPT for a company that develops software to track goods throughout the supply chain process. His company wants to keep him for the next several years and needs to get him an H1B. His current OPT ends in July, 2021.

The employer needs to get H1B petition filed timely so it can increase the chances of Kumar getting the H1B, and Kumar can take advantage of the Cap Gap rules which would allow him to continue working through the October 1st start date under H1B, despite the OPT expiring.


Filing H-1B Cap Petitions

My Case Scenario
Martha

Martha has a Ph.D. in molecular biology and has been conducting research in a lab at a University in New York City while in H1B status. She has just been offered a research position in a pharmaceutical company that wants to build on her research and expertise. Martha already has an H1B so she doesn’t have to worry about the H1B Cap right?

Not necessarily – Martha was most likely not counted under the H1B cap because she is working for a university and in a position that would normally be cap-exempt. She will have to file H1B Cap petition timely to increase her chances of getting picked in the lottery and to be sure she gets October 1, 2021 start date.


Conclusion

The competition for the coveted and few H1B visas has been intensifying over the years and now companies must plan ahead to file the H1B Cap 2022 petitions in a timely manner.

VisaPro attorneys helped clients’ secure near 100% approval with H-1B Cap filings in the past 5 years. This was possible with advanced planning and a unique strategy VisaPro methodically built for each candidate.

We like to help you integrate our success strategies into your FY 2022 H1B Cap filing. That’s why we’re offering a FREE FY 2022 H1B Filing Plan Consultation.

We’ll talk through your priorities and recommend strategies for March 2021 H1B registrations based on our attorney’s prior success. Schedule A Free Consultation Today >>


What VisaPro Customers Are Saying

Knowledgeable, fast, courteous, efficient are all words that describe the services I received from VisaPro. They were very helpful in all phases of the H-1B visa process and they got it right the first time. I have tried other Visa services, but VisaPro is the best by far. VisaPro is the only way to go!"

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