USCIS permits resubmission of closed 2021 H1B petitions
USCIS has confirmed that from June 23, 2021, it is accepting H1B cap-subject petitions for the 2021 fiscal year which had been rejected or closed due to the requested start date being after October 1, 2020.
The move has come following the FY 2021 filing period seeing fewer applications received than what is required for the allocations.
This drop in H1B cap-subject applications is understood to be the result of the pandemic, and related public health, government policy and economic factors.
In response to the lower numbers of H1B petitions received, between August and September last year, reserve registrations were selected by USCIS to meet the allocations. Out of those selected, those that proposed a start date of later than October 1, 2020 were closed.
USCIS is now allowing these closed cases to be resubmitted.
How to resubmit an H1B application
The agency has advised that petitioners have until October 1, 2021 to resubmit their documentation. This should include:
- Full H1B petition
- Relevant application fees
- FY 2021 H-1B cap registration selection notice
- Rejection or administrative closure notice for the original FY 2021 H-1B cap petition (if applicable)
- A bright-colored cover sheet stating clearly that the application is a resubmission of a previously closed or rejected FY 2021 H1B case
US immigration advice
NNU Immigration are specialist London-based US immigration attorneys. If you have any queries or concerns about a US visa application, such as the H1B, speak to our US immigration specialists.
This article does not constitute direct legal advice and is for informational purposes only.
Author
Founder & Principal Attorney Nita Nicole Upadhye is a recognized leader in the field of US business immigration law, (The Legal 500, Who's Who Legal and AILA) and an experienced and trusted advisor to large multinational corporates through to SMEs. She provides strategic immigration advice and specialist application support to corporations and professionals, entrepreneurs, investors, artists, actors and athletes from across the globe to meet their US-bound talent mobility needs.
Nita is an active public speaker, thought leader, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals.
