Is your FY 2021 H-1B petition closed or rejected? Here is your second chance, USCIS Will Allow

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Is your FY 2021 H-1B petition closed or rejected? Here is your second chance, USCIS Will Allow Resubmission of Certain FY 2021 H-1B Petitions rejected or Closed Due to Start Date

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These petitions must be resubmitted with all fees attached before October 1, 2021, at one of the below addressees When resubmitting the petition, H-1B visa seekers must include their FY 2021 H-1B cap registration selection notice: 

1. USPS USCIS TSC Attn: H-1B CAP Filings FY21 6046 N Belt Line Rd. STE 107 Irving, TX 75038-0010 2. FedEx, UPS, and DHL Deliveries USCIS TSC Attn: H-1B CAP Filings FY21 6046 N Belt Line Rd. STE 107 Irving, TX 75038-0010 3. Form 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 When resubmitting the petition, you must include your FY 2021 H-1B cap registration selection notice. If you received a r notice for the original FY 2021 H-1B cap petition, you should include that as well. You are also encouraged to use a brigh that you are re- ling an FY 2021 H-1B cap case that was originally rejected or administratively closed only becaus registration submitted during the initial registration period, but you requested a start date after Oct. 1, 2020. This will he receipt. The H-1B process can be long and tiresome with at least one round of RFEs to respond to. That means to get to work by take steps to prevent issues that may delay visa approval. Here is what we have noticed:

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In case the bene ciary’s education is a US degree in the exact eld of the H-1B job, you will need to include a credential

evaluation. This credential evaluation must take the job, the education, work experience, visa requirements, and USCIS approval trends into account. 

In case the US DOL Occupational Outlook Handbook entry for the H-1B position does not ALWAYS require a bachelor’s

degree minimum for entry into the position, you need to include additional documentation forti ed with an expert opinion letter to meet specialty occupation requirements. This letter must be written by an expert in the eld of the H-1B job with experience working directly in the eld and in positions of leadership wherein hiring decisions regarding the position in question and supporting positions were made. Wage level issues can also be addressed in this letter. 

In case the position is a consultant or for a consulting rm, including a complete itinerary of the work the H-1B

bene ciary will be performing for the duration of the H-1B visa period. This must include client and customer contact information. POLICY BACKGROUND: Ever since H-1B visa electronic registration began in 2020, petitioners register each bene ciary for the H-1B lottery online with a $10 ling fee. The new process reduces paperwork and data exchange, providing cost-saving opportunities. 

The number of petitions led in the scal year 2021’s initial ling period was too low to ll the H-1B cap. The difference was likely a result of the COVID-19 pandemic and the new electronic process. As a result, USCIS selected additional 

registrations from the reserve in August 2020. The ling period for registrations selected in August ended on November 16, 2020. Looking Ahead USCIS is accepting applicable petitions immediately. To ensure eligibility and subsequent receipt and processing, employers should work with counsel to follow all USCIS instructions on qualifying FY 2021 H-1B cap case relings. These relings are due to USCIS before Oct. 1, 2021. 

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