Please note that this announcement does NOT pertain to the upcoming H-1B lottery for H-1Bs with an October 1, 2022 start date.

On Monday, February 28th, 2022 USCIS announced that it had received a sufficient number of petitions needed to reach both the congressionally mandated 65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree exemption, known as the master’s cap, for the fiscal year (FY) of 2022.

Please note that employers who submitted registrations on behalf of foreign nationals may have received an email from USCIS ( with the subject line “We have taken an action on your case.” This email is an automated response noting that all remaining unselected H-1B Lottery Registrations had their status changed in the myUSCIS portal from “Submitted” to “Not Selected: Not selected – not eligible to file an H-1B cap petition based on this registration.”

Thus, Green and Spiegel can confirm that any registration not selected in the three lotteries run by USCIS is ineligible for submission under the FY2022 H-1B Cap.

If you submitted an H-1B registration for FY2022 and were not selected, we encourage you to reach out to our Firm to discuss potential further actions.

Green and Spiegel is monitoring this situation closely and will continue to update our blog and provide E-Alerts to advise on the latest developments. As always, we strongly encourage you to reach out to our office if you have any questions regarding if or how these changes impact you, your business, and your family. Our office number is (215)395-8959, we can be reached via web.


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