USCIS Will Allow Resubmission of Certain FY 2021 H-1B Petitions Rejected or Closed Due to Start Date

On June 23, 2021, U.S. Citizenship and Immigration Services (USCIS) announced it will be accepting resubmitted fiscal year (FY) 2021 H-1B cap-subject petitions that were rejected or administratively closed by the service on the basis that the requested start date was after Oct. 1, 2020.

If a petitioner’s FY 2021 petition was rejected or administratively closed solely because their petition “was based on a registration submitted during the initial registration period, but you requested a start date after Oct. 1, 2020, you may re-submit that previously filed petition, with all applicable fees…Such petitions must be resubmitted before Oct. 1, 2021.” Properly submitted petitions will be considered to have been “filed on the original receipt date” by the Service.