Overview
Starting on June 23, 2021, U.S. Citizenship and Immigration Services (USCIS) will accept resubmissions for fiscal year (FY) 2021 H-1B cap subject petitions that were closed or rejected because the requested start date was later than Oct. 1, 2020. Petitions must be resubmitted before Oct. 1, 2021 to be considered.
Background
In FY 2021, USCIS implemented H-1B lottery electronic registration. Selected registrants notified by April 1, 2021 were obligated to submit full H-1B cap petitions by June 30, 2021. USCIS did not receive full H-1B cap petitions for all selected registrants. As such, USCIS selected additional registrants to meet numerical allocations. Some petitioners in the later selections indicated a petition start date after Oct. 1, 2020 and USCIS initially rejected or closed those petitions due to the start date. However, the agency is reconsidering those applications after concluding that it is not required to reject or close the petitions based on governing regulations.
Looking Ahead
USCIS is accepting applicable petitions immediately. To ensure eligibility and subsequent receipt and processing, employers should work with counsel to follow all USCIS instructions on qualifying FY 2021 H-1B cap case re-filings. These re-filings are due to USCIS before Oct. 1, 2021.
Originally published 25, June 2021
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
