Five Things to Know About H-1B Cap Season in 2021

Key Highlights

• The US is gearing for hiring H-1B applicants for FY 2022
• New changes in H-1B Electronic registration
• Increase fees 
• New H-1B Rules and Regulations

The Fiscal Year 2022 H-1B cap season is approaching. It will be the second year for U.S. Citizenship and Immigration Services (USCIS) to use an electronic registration system to hire skilled talents for job openings in the U.S. 

The organizations have to keep few things in mind before starting the hiring process for the upcoming Fiscal Year 2022 H-1B.

Here are those five essential points:

H-1B Electronic Registration

In 2019, USCIS declared that it would change to a new electronic registration system for the Fiscal Year of 2021

• According to the new registration process, an employer needs to submit essential details about their organization during the registration period.
• USCIS will conduct a lottery to select the 85,000 beneficiaries for the year's cap.
• The sponsoring employers would get notified electronically.
• The sponsoring employers will get 90 days to submit an H-1B visa petition for their employees. 
• Companies can register electronically and pay a registration fee of 10$

Note: Dates for the registration period and USCIS notification for employers and petitioners may change in 2021. Keep an update with the immigration attorney and the USCIS website.

H-1B Petition Selection Remains the Same

The regular cap registrations are selected first by USCIS, and then it will choose the registrations for the master's cap.

Increase in Premium Processing Fees

USCIS has increased its premium processing fees. It has grown from $1,440 to $2,500 for all categories, including H-1B. 

H-1B RFEs are Still Issued

According to USCIS, around 34.8% of H-1B petitions obtained a request for evidence (RFE). 

Know about New H-1B Rules and Regulations

In Oct. 2020, the government has launched two crucial rules and regulations for H-1B. 

According to the first rule:

• The applicant should have a bachelor's or equivalent degree related to the job position the applicant is applying for under "specialty occupation" eligibility criteria.
• The sponsoring employers need to prove that a bachelor's degree is the minimum requirement to get employed in their organizations for similar positions.

According to the second rule:

• There will be significant increases in the minimum wages that an employer must offer to nonimmigrant workers on H-1B, H-1B1 and E-3 status, and employment-based green card applicants.  

In short, these are the latest things that an employer should know about the upcoming H-1B cap season for Fiscal Year 2022

• H-1B Electronic Registration new updates 
• H-1B Petition Selection Remains the Same
• Increase in Premium Processing Fees
• H-1B RFEs are Still Issued 
• New H-1B Rules and Regulations