Back to Top skip to main content
GandS U.S. Immigration Logo
Nov 19, 2021

Alert – USCIS Conducts Third Round of H-1B Cap

Joshua H. Rolf and Jonathan A. Grode

On November 19, 2021, USCIS conducted a third round of selections for Registrations submitted for the Fiscal Year 2022 H-1B Cap. This news comes approximately two (2) weeks after H-1B Petitions selected in the second randomized drawing were due, USCIS’ third round of selections confirms that they still have not received sufficient H-1B Petitions to fill their 85,000-visa quota.

With that, the Service has begun updating online accounts to confirm selection, in which case Petitioners will once again have 90 days to prepare and submit the full filing to the Service Center indicated on the Selection Notice. According to USCIS’ announcement, those Petitions may arrive at USCIS starting November 22, 2021, and no later than February 23, 2022.

Following this unprecedented move, though, there do remain many unanswered questions. For example, whether Petitions filed in the first few months of 2022 will still only be able to request employment from October 1, 2021 to September 30, 2024, or if they will be able to request three (3) years from when the Petitions arrive at USCIS. Likewise, it is unclear whether USCIS will expand the “Cap-Gap” provision in order to extended work authorization for F-1 Students’ OPT and STEM OPT Employment Authorization Documents that would otherwise expire in the coming months. We will update this space as soon as we know more on these topics, and others.

We have begun receiving third round selections, and expect more to arrive into the evening and over the weekend. Accordingly, we will reach out in the event we filed your H-1B Cap Registration and it has been selected. And of course, if you have any questions or concerns regarding your H-1B Registration’s selection or subsequent filing, please do not hesitate to call our office.

Related Team

Joshua H. Rolf

Joshua H. Rolf

(215) 395-8959

(215) 395-8959

email Joshua

Philadelphia (US Headquarters)

Full Biography

Joshua H. Rolf
Jonathan Grode

Jonathan A. Grode

215-395-8959

215-395-8959

email Jonathan

Philadelphia (US Headquarters)
Providence (New England)

Full Biography

Jonathan A. Grode

Tags:

Related Services:

Recent Blogs

Dec 03, 2021

The U.S. Centers for Disease Control and Prevention (CDC) has Changed the Rules for Air Travel to the U.S.

The U.S. Centers for Disease Control and Prevention (CDC) have a significant role in forming, publishing, and enforcing U.S. pandemic policy. Due to the Omicron Variant of the 2019 novel coronavirus (COVID-19), the CDC has made some significant changes to the COVID-19 protocols and requirements for air travel. These changes went into effect on Thursday, December 2, 2021 and will continue until the Biden Administration directs otherwise. Learn more in this blog.

Nov 30, 2021

Travel Restrictions for Those Who Have Been in Certain African Countries During the 14 Days Prior to Traveling to the U.S.

The Biden Administration has established 2019 novel coronavirus (“COVID-19”) travel restrictions on foreign nationals who were in: The Republic of Botswana (“Botswana”); the Kingdom of Eswatini (“Swaziland”); the Kingdom of Lesotho (“Lesotho”); the Republic of Malawi (“Malawi”); the Republic of Mozambique (“Mozambique”); the Republic of Namibia (“Namibia”); the Republic of South Africa (“South Africa”); and the Republic of Zimbabwe (“Zimbabwe”). The format and structure of the policy are nearly identical to the travel restrictions that were rescinded on November 8, 2021. Noncitizens who have been in these countries during the fourteen (14) days prior to seeking to travel to the United States are barred from admission, unless eligible for one of the Proclamation’s blanket exemptions or granted an exception pursuant to Sec. 2 (a)(xii). The National Interest Exception (NIE) process, rendered void by the November 8, 2021 travel restriction policy rescission, rides again. Learn more in this blog.

Nov 12, 2021

Update: Major Changes to EAD Policies for H-4, L-2, and E Dependent Classifications

A recent settlement between the American Immigration Lawyers Association (AILA) and the Department of Homeland Security (DHS) will result in two major changes to the way that USCIS treats L-2, H-4, and E Dependent Spouse work authorization: L-2 and E Dependent Spouse holders will be granted automatic employment authorization incident to their status. H-4 holders will be granted automatic renewals of employment authorization for applicants that already have valid H-4 status (but an expired EAD card). Learn more in this blog.