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USCIS Announced FY2022’s H-1B Selection Method

Corey Lee Law - NYC Immigration Attorney > C.T.LEE & Associates Blog  > USCIS Announced FY2022’s H-1B Selection Method

USCIS Announced FY2022’s H-1B Selection Method

The selection process for the FY 2022 H-1B cap season has finally been determined and finalized. The Biden administration announced that the lottery would be carried out as usual. Trump’s former rule’s effective date is postponed.

In the last year, countless efforts to change various aspects of the H-1B program have been made. In recent months, it has been the selection method that has been on our nerves.

October 2020, USCIS announced that it would be abolishing the traditional H-1B lottery and determine the visa’s issuance based on wage.

January 8th, 2021, a formal federal notification for the rule was issued. It announced that the new system would be effective on March 9th.

January 20th, 2021, Biden immediately froze the rule after his inauguration.

February 4th, USCIS announced that the rule would be postponed.

It is a relief that the policy did not affect this season’s H-1B. Knowing that the lottery will stay effective, it is easier to speculate this year’s application timeline. Below is an outline of the application process that we have organized for you:

Online Registration:
Employers can register employees through the USCIS website. An account can submit registrations for multiple employees, but no more than one registration per person.

Results:
At the end of March/beginning of April, petitioners will hear back on the lottery result. Following are the statuses that one may be in:
Submitted — the petitioner has completed the online registration. However, the applicant needs to wait longer to discover if he/she was selected.
Selected — congratulations! You got it!
Denied — This might have been caused by an error in the payment method submitted. One can also be denied if he/she received several registrations from the same employer.

Once selected, the applicant can continue to submit documents to complete the application.

 

尘埃落地!本季度H-1B筛选政策正式发布

2022财年的H-1B筛选政策终于在2月4日正式敲定了!拜登政府宣布将照旧进行随机抽签,延迟特朗普政策的生效日期!

H-1B政策在过去一年里来来回回被尝试修改了太多次。过去几个月,筛选政策又让小伙伴们捏了一把汗。

2020年10月,移民局宣布取消H-1B传统的抽签方法,改为按工资水平分配名额

2021年1月8日,联邦通告宣布规定将在3月9日生效

2021年1月20日,拜登就职后立刻冻结此规定

2021年2月4日,移民局宣告规定生效日推迟

折腾了这么久,幸亏是个大乌龙。既然今年的审理依然照旧,那我们递交申请的时候心里也有底啦。二月已经过去快一周,准备今年申请H-1B的小伙伴们也该开始准备材料了。动手之前,不妨看看我们为大家梳理的申请流程总结:

网上电子注册:

雇主可以通过移民局官网为员工注册申请。一个账户可以为几位不同的员工进行注册,但不能为一位员工递交多份注册。

得知结果:

大概在3月末、四月初,申请人会收到抽签结果的通知。收到的通知会包括以下三种状态:

-已提交(submitted)— 申请人已经完成网上电子注册,但具体有没有中签还要继续等待

-被抽中(selected)— 人品爆发,申请人抽中啦

-被拒(denied) — 大概是提交的支付方式出了差错,或者同一员工收到了来自同一雇主的多份申请。

如果被抽中,申请人就可以进行下一步,向移民局递交完整申请了!