Will Additional H-1B Registrants Be Selected for FY2021?
Possibly. It all depends on what happens with the initial 85,000 H-1B cap registrants that were selected.
What does that mean?
All of those who were chosen during the initial selection have been notified. Petitioning employers whose registrations were selected now have 90 days (or until June 30, 2020) to file their H-1B petitions and meet the stringent qualification requirements.
But not all of the 85,000 who were selected will end up filing or qualifying. Some petitions will be rejected. Some petitions will be denied. Others will not file at all.
This means that some slots will likely open up again. And when this happens, the regulations provide that USCIS should select another registrant until the 85,000-person annual limit is reached.
Whether or not this happens, When will it happen — and how many H-1B cap slots will be available — will depend on the number of current selections that fall through.
How would selection of additional H-1B registrants work?
USCIS has indicated that all submitted registrations will remain in the myUSCIS system for possible future selection until the end of the fiscal year — September 30, 2020. Essentially, from June until then, more H-1B cap-subject cases may be selected. Those selected will be notified via the myUSCIS portal.
Beyond that, not much is known. This is brand new territory for all involved. At this time, all affected foreign nationals and their employers should make plans as if the candidate was not selected… but also keep open the small possibility of a future selection this year.
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