Not a Lexis+ subscriber? Try it out for free.

Immigration Law

USCIS: H-1B Data Entry Delay

USCIS, Apr. 13, 2020

"U.S. Citizenship and Immigration Services today announced that petitioners should expect a delay in data entry and receipt notice generation for fiscal year (FY) 2021 H-1B cap-subject petitions until at least May 1, 2020, due to the impacts of the coronavirus (COVID-19). Beginning with the first day of filing, April 1, 2020, we will not immediately enter data for FY 2021 cap-subject petitions due to the COVID-19 pandemic and required health and safety protocols. Data entry and notice generation will be delayed until at least May 1, 2020. Once USCIS begins data entry, we will complete intake processing in the order in which we received petitions at the service centers. Petitions will be stamped received on the date they arrive at the service center. Petitions, if otherwise properly filed, will retain the receipt date that corresponds with the date the petition is received at the service center. Due to delayed data entry and notice generation, there will be a general delay in processing FY 2021 cap-subject petitions. We are mindful of petitions with sensitive expiration and start dates, such as cap-gap petitions, and will strive to process these petitions as efficiently as possible. The specified filing window on the registration selection notices will not be changed. A petitioner who has a valid selected registration notice must file their H-1B cap-subject petition for the beneficiary named in the selected registration notice during the filing window indicated in their selection notice, or USCIS will reject or deny the petition. We ask petitioners to wait to inquire about the status of their cap-subject petitions until they receive a receipt notice. Additionally, we may transfer some Form I-129 H-1B cap-subject petitions for adjudication between the Vermont Service Center, California Service Center, Nebraska Service Center and Texas Service Center to balance the workload and enhance efficiencies. However, petitioners should still file their FY 2021 H-1B cap-subject petitions at the service center named in their selection notice. If we transfer your case, you will receive notification in the mail. After receiving the notification, please send all future correspondence to the center processing your petition."