Reminder: FY 2021 H-1B Cap Filing Period Closes June 30

The 90-day filing window for FY 2021 H-1B cap petitions will close on June 30, 2020. With just over two weeks remaining in the filing period, employers should be working with their legal team to finalize and submit H-1B cap petitions on behalf of selected beneficiaries.

On April 1, U.S. Citizenship and Immigration Services (USCIS) opened the FY 2021 H-1B cap petition filing period. The agency has not announced an extension of the 90-day H-1B cap filing window.

Premium Processing

USCIS is expected to resume premium processing in phases for all I-129 petitions, including H-1B cap petitions, after it suspended the fast track service in March due to COVID-19. However, premium processing for H-1B cap-subject petitions will not begin until the last phase of the timeline, which is expected to start on June 22. Phase-in dates are also subject to change as USCIS resumes premium service.

What this Means for Employers

Your organization should work with your legal team to ensure selected H-1B cap petitions are timely submitted prior to the closing of the petition filing window on June 30. You should also identify any H-1B cap petitions that may require premium processing upgrades when USCIS resumes the service later this month, or at a postponed later date.