Filing an H-1B Cap Petition for a US Master’s Degree Holder Selected Under the Regular H-1B Cap
It is important to follow the instructions carefully in the Selection Notice (Form I-797C) from USCIS when filing an H-1B cap petition.
This FY2022 H-1B cap filing season, USCIS is stating on the Selection Notice how the beneficiary was selected in the registration lottery: Master's Cap or Regular Cap. If the beneficiary's registration was submitted as "Master's," yet the selection notice states "Regular," send the cap petition to the "Regular" Cap address listed on the USCIS website.
If a beneficiary is Master's Cap-eligible, the registration simply is requesting consideration for Master's Cap registration. The registration is not, however, a locked-in Master's Cap registration. Whether the beneficiary is selected as Master's Cap or Bachelor's Cap is based on the lottery results, as indicated on the Selection Notice. Remember to file the H-1B cap-subject petitions as early as possible within the filing window (until June 30, 2021) as this allows any potential filing issues that may arise to be cured before the filing window closes.
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