If you filed an H-1B petition with USCIS under FY 2021 cap with a start date after October 1st, 2020 and it was rejected or administratively closed, you now have the opportunity to resubmit that H-1B petition.
Overview:
In 2020, United States Citizenship and Immigration Services (USCIS) implemented a new system to select H-1B beneficiaries called the electronic registration process. FY 2021 and FY 2022 cap petitions are processed through this new system. Petitioners seeking an H-1B which is subject to the cap must first register electronically with their beneficiary details. The cost for this is $10 per registration.
This new system has helped to reduce paperwork and data exchanges, and has provided overall cost savings to employers seeking to file H-1B cap-subject petitions.
The FY 2021 selection process was done in April, 2020, with an additional selection process done in August, 2020. The filing period for registrations selected in August ended on November 16th, 2020. Some petitioners mentioned a start date after October 1st, 2020. USCIS rejected or administratively closed those petitions because they were based on registrations submitted during the initial registration period, but indicated a start date after October 1st, 2020. Upon reconsideration, USCIS no longer believes that regulations required them to reject or administratively close those petitions.
Resubmission Opportunity for Certain H-1B Seekers:
On June 23rd, 2021, USCIS announced that petitioners who filed an H-1B under FY 2021 that was rejected or administratively closed solely because the requested start date was after October 1st, 2020 can now resubmit the previously filed petition along with applicable filing fees.
Who is Eligible for Refiling?
If your H-1B FY 2021 petition was rejected or administratively closed solely because the petition was based on a registration submitted during the initial registration period, but you requested a start date after October 1st, 2020, you can resubmit the petition.
Address to file the resubmission petition:
If petitions will be mailed through USPS:
USCIS TSC
Attn: H-1B CAP Filings FY21
6046 N Belt Line Rd. STE 107
Irving, TX 75038-0010
If petitions will be mailed through FedEx, UPS, or DHL Deliveries:
USCIS TSC
Attn: H-1B CAP Filings FY21
6046 N Belt Line Rd. STE 107
Irving, TX 75038-0010
Forms I-129/I-907 Premium Processing:
USCIS TSC
Attn: H-1B CAP Filings FY21
6046 N Belt Line Rd. STE 907
Irving, TX 75038-002
Important note on resubmission:
- Please make sure to include applicable filing fees.
- The refiled petition must be received by USCIS via mail or delivery service on or before October 1st, 2021.
- Please make sure to include your FY 2021 H-1B cap registration selection confirmation notice.
- Please also include the rejection or administrative closure notice if you received it from USCIS.
- Please highlight this sentence on the cover letter. “Refiling petition – FY 2021 H-1B cap case that was originally rejected or administratively closed solely because the petition was based on a registration submitted during the initial registration period, but requested a start date after October 1st, 2020.” This will help USCIS to process your petition in a better way.
