THURSDAY, FEBRUARY 17
The H-1B visa classification is for temporary employment of foreign national professionals in specialty occupations requiring a Bachelor’s degree or equivalent in a specialty field. H-1B visas subject to the annual quota or “cap” are allocated based on a lottery system, with 65,000 visas available under the regular cap (for workers who have a Bachelor’s degree), and an additional 20,000 visas available under the master’s cap (for workers who have a U.S. Master’s or higher degree).
Since 2020, U.S. Citizenship and Immigration Services (USCIS) has implemented a new electronic registration process for H-1B visas subject to the cap. Employers seeking to file H-1B cap-subject petitions need to complete an initial electronic registration and pay a $10 registration fee for each beneficiary registered. The registration filing period will run from March 1 – March 18, 2022 (9 AM PST). The registration will require basic information about the company and each worker for whom the employer wishes to file an H-1B petition.
After completion of the registration process, USCIS will conduct its random H-1B lottery selection. USCIS will notify employers of selected workers, and employers will then be eligible to file H-1B cap-subject petitions on behalf of the selected employees. It is expected that USCIS will complete the lottery and be able to notify selected petitions by March 31, 2022, with the possibility of later selections. Employers will then have a 90-day window to file the H-1B petition with USCIS.
In light of the high demand in prior years for H-1B visas (with 308,613 H-1B registrations submitted for the available 85,000 visas last year), we recommend that you consult with an immigration attorney at Ryan Swanson to develop an appropriate filing strategy for your employees. We will be monitoring developments closely and will be providing further updates.
Please consult with your immigration attorney at Ryan Swanson regarding any questions associated with the new H-1B cap-subject filing process and join us for our webinar on H-1B registration.
If you have questions or would like to be added to our mailing list for future events, please contact Madison Lynd, [email protected].