White House In Washington DC

H-1B Cap Season Update for Fiscal Year 2022 - Immigration News for April 2, 2021

White House In Washington DC

Peri B. Edelman | April 2, 2021

H-1B Cap Season Update for Fiscal Year (FY) 2022

On March 30, 2021, U.S. Citizenship and Immigration Services (USCIS) announced it received enough electronic registrations during the initial registration period to reach the FY 2022 H-1B numerical allocations (H-1B cap) including the advanced degree exemption (master's cap). USCIS randomly selected from among the registrations properly submitted to reach the cap. USCIS has notified all prospective petitioners with selected registrations that they are eligible to file an H-1B cap-subject petition for the beneficiary named in the applicable selection registration.

Petitioners filing H-1B cap-subject petitions, including those petitions eligible for the advanced degree exemption, must still establish eligibility for petition approval at the time the petition is filed and through adjudication, based on existing statutory and regulatory requirements. It shall be noted that selection in the registration process does not relieve the petitioner from submitting evidence or otherwise establishing eligibility, as registration only pertains to eligibility to file the H-1B cap-subject petition.

DHS Extends Form I-9 Requirement Flexibility

On March 31, 2021, the Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced an extension in complying with requirements related to Form I-9, Employment Eligibility Verification, due to COVID-19. This temporary guidance was set to expire on March 31. As a result of ongoing COVID-19 precautions, DHS has extended the Form I-9 flexibility policy until May 31, 2021.

The Term “Alien” Will No Longer be Used in the Immigration Policy Manual

USCIS officials are planning to remove references to immigrants as “aliens” in the agency’s policy manual and replace it with the term “foreign nationals.”

If you believe a recent change applies to you, please contact my office. If you know someone who it applies to, please refer them to my office. Thank you.

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Peri B. Edelman is an experienced attorney who practices Immigration Law in New York City. She provides immigration legal services, legal counsel on immigration matters, and legal support for court cases related to Immigration. A graduate of Brooklyn Law School, Peri B. Edelman is admitted to the New York and Connecticut Bars, U.S. Eastern District Court of New York, U.S. Southern District Court of New York, and United States Court of Appeals for the 2nd Circuit.