My H1B registration was selected in this year’s lottery. The same employer filed for me last year, but it was not selected. On the I-129 petition, there is a question that asks, “Have you ever previously filed a nonimmigrant petition for this beneficiary?” Do we need to answer “YES” based on the registration that was not selected?

Answer

No, an H1B registration is not the same thing as a nonimmigrant petition. Having a prior registration that was not selected does not require the employer to answer “YES” to the question about having previously filed a petition for the beneficiary. (30.Mar.2023)

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