H1B Visa Cap 2021:

Things You Must Know

Introduction

Yet another H1B Cap filing season came to an end!

The H1B Visa Cap 2021 filing season came to a quick end following USCIS announcement that it had received a sufficient number of registrations to meet the H1B annual Cap during the initial H-1B cap registration period  that started on March 1, 2020 and ended on March 20, 2020.

This left both the H1B employers and H1B candidates wondering what their next steps should be.

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H1B Visa Cap 2021 – What Really Happened?

Let us take a look at some of the notable highlights of the H1B Visa Cap 2021 filing season, and the best way forward for employers and H1B workers whose H1B 2021 registrations were not selected in the H1B lottery 2021


1. H1B Cap 2021 Filing Period: How Long Was It?

USCIS began accepting H1B cap registrations for the FY 2021 H1B Cap on March 1, 2020.

The registration period lasted only for the initial 20 days between March 1 and March 20, 2020. On March 27, 2020, USCIS announced that it had received a sufficient number of H1B registrations to reach the H1B 2021 Cap. It also announced that it had reached the limit of 20,000 H1B registrations filed under the advanced degree exemption.

DID YOU KNOW?
On April 1, 2020, USCIS began accepting H1B cap petitions based on H1B cap registrations selected in the FY 2021 H1B lottery.

Compare Your H-1B Lottery Results With Peers, And Improve Your Approvals

Let’s look at one of the representative companies VisaPro Attorneys have helped during previous H-1B lottery..

By examining the FY H-1B lottery results from various companies, you can improve your FY 2022 H-1B lottery selection and approvals.

H-1B Cap Filing Scenario

In this scenario, there were numerous factors that are generally recognized to be unfavorable for H-1B approvals:

a.The petitioner is in the business of IT consulting.

b.The petitioner is a small business with less than 10 employees.

c.All the beneficiaries were from outside U.S. – no Master’s Quota.

d.All the beneficiaries were located in India.

e.All the beneficiaries were going to different clients across the country.

f.All the beneficiaries were going to work only at client locations.

H-1B Cap Filing Outcome

In this scenario, there were numerous factors that are generally recognized to be unfavorable for H-1B approvals:

a.Number of H-1B petitions filed: 17.

b.Number of H-1B petitions selected in the lottery: 10.

c.Number of H-1B petitions that received RFE: 0.

d.Number of H-1B petitions approved: 10.

If you wish to integrate our success strategies into your FY 2022 H1B Cap filings, schedule a Free FY 2022 H1B Filing Plan Consultation today!


2. H1B Visa 2021 Petitions: How Many Were Filed?

USCIS received 275,000 H1B registrations subject to the FY 2021 H1B Cap, the initial H-1B cap registration period between March 1 and March 20, 2020. This figure of 275,000 included registrations filed for the 20,000 advanced degree (U.S. master’s degree or higher) exemption.

DID YOU KNOW?
During each of the last 5 years, both the H-1B Regular Cap and Master’s Cap were reached within the mandatory initial filing period.

3. H1B Visa Lottery 2021: When Was It Conducted?

USCIS completed a computer-generated random selection process, or the H1B lottery, at the end of the initial H-1B cap registration period which closed on March 20, 2020..

Starting April 1, 2020, petitioners whose registrations were selected in the H-1B lottery began filing the H-1B cap-subject petitions for FY 2021.


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4. H1B Registrations Selected: When Are You Informed?

Petitioners whose registrations were selected in the H-1B lottery, were notified of the selection before March 31, 2020.

In August 2020, USCIS conducted a selection of reserve registrations and notified employers of selected registrations to submit the H-1B cap petition between August 17, 2020 and November 16, 2020.

IMPORTANT
Employers are prohibited from filing multiple H1B Cap registrations for the same employee. USCIS will deny multiple registrations filed by a single employer for the same H1B worker.

WHAT NEXT?

Employers and H1B candidates unsuccessful in the H1B visa FY 2021 lottery will not have a chance to file new H1B until March 2021, and have to look for alternative U.S. work visa options.

VisaPro specializes in developing customized strategies after the H1B Visa Cap reached. We have successfully handled H1B alternatives for a variety of clients ranging from startup companies to multinationals.

Contact VisaPro Law Firm today for a FREE H1B Alternatives Consultation. We’ll talk through your priorities and recommend strategies based on our attorneys’ near 100% success rate.


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