USCIS Announces It Will Allow Resubmission of Certain FY2021 H-1Bs Rejected or Closed Due to Start Date

On June 23, 2021, U.S. Citizenship and Immigration Services (USCIS) announced that it will accept resubmitted fiscal year (FY) 2021 H-1B cap-subject petitions that were rejected or administratively closed solely because the requested start date was after October 1, 2020.  USCIS is reconsidering these applications, as the agency has concluded that it is not required to reject or close these petitions based on the requested start date, according to the applicable regulations.

Applicants with FY 2021 petitions that were rejected or administratively closed solely because the petition was based on a registration submitted during the initial registration period, but the petitioner requested a start date after October 1, 2020,  the previously filed petition may be resubmitted, with all applicable fees, at the address provided here. Such petitions must be resubmitted before October 1, 2021. If properly resubmitted, USCIS will consider the petition to have been filed on the original receipt date.