More H-1B cap applications filed for fiscal 2022, but fewer selected by USCIS

TNN | Jun 16, 2021, 02.52 PM IST
More H-1B cap applications filed for fiscal 2022, but fewer selected by USCIS
MUMBAI: For the fiscal 2022 (year ending September 30, 2022), during the H-1B cap registration period, sponsoring employers submitted 3.08 lakh registrations, 12% more than in the filing season for the previous year.

However, immigration firms point out that the US Citizenship and Immigration Services (USCIS) selected far fewer cases than it did in FY 2021 – just 87,500 registrations in the cap lotteries to meet the annual quota of 85,000, or 28% of the total number of registrations.

This year’s selection rate of 28% represented a significant decline over the previous year, when 124,415 registrations or 45% were selected from 274,237 total registrations received, points out Fragomen, a global immigration law firm.

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USCIS typically selects more petitions than are needed to meet the annual H-1B quota, to account for cases that are denied, rejected, withdrawn, or revoked. But for fiscal 2022, USCIS revised the method it uses to determine the number of petitions needed to reach the annual cap, resulting in a lower rate of selection, it states.
Analysis of selection based on country of birth is still not available. However, Indians generally bag 60% or more of the annual H-1B cap visa allotments.


It's a first - a 2nd chance to crack H-1B lottery odds

Probably for the first time ever, H-1B applicants who were not selected by the lottery process in April have a second chance to be selected. This will be especially useful to students who are already in the US and who were to transition to an H-1B visa, say immigration experts.

Last fiscal, USCIS ran a second selection of registrations, after the initial selection did not yield enough petition filings to meet the cap. Industry slowdown, as a fall-out of the pandemic, could have led to sponsoring companies not going through with their applications. It remains to be seen whether this course of action will be adopted for fiscal 2022.