H-1B Lottery Registration Opens March 9th!

USCIS has just announced that the initial registration period for the FY2022 H-1B visa lottery will open March 9, 2021 at noon EST. This registration period will close on March 25, 2021 at noon EST. This marks the second year that USCIS uses the electronic registration process for determining who may file the actual H-1B cap subject petition. Registration is completed in myUSCISonlineaccount and costs $10 per beneficiary. This $10 H-1B registration fee is nonrefundable. USCIS has stated that if there is a sufficient number of applicants registered on March 25 that they will make their selection via a random selection process (the wage based allocation system will be delayed) and notify the account holder by March 31 via updating the beneficiary's status to "selected." April 1st would then be the earliest date that the selected H-1B cap subject petition could be filed. The petitioner would have 90 days to properly file the H-1B cap subject petition.

If the beneficiary is selected and the registrant decides not to file, USCIS recommends that the registrant maintain documentation as to the reason for not filing to present to USCIS if questioned.

If the beneficiary was not selected in the initial selection and their application was properly submitted and neither denied nor invalidated, their status will remain "submitted." USCIS will invalidate registrations that they determine to be duplicates, and, there is no right to appeal this decision.

USCIS provides instructional videos for registrants and representatives on the H-1B electronic registration process on its website.

If you are considering filing a cap subject H-1B visa application for your employee, you may want to consult with an immigration attorney to discuss your case. Attorney Carcagno handles H-1B visa applications and provides a free initial intake consultation (734) 999-0360.

***Please keep in mind that this blog posting is for educational purposes only (i.e., to give you general information and a general understanding of this immigration related matter); this blog posting does not provide specific legal advice and does not form an attorney-client relationship.***

Sources:

(1) https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-1b-specialty-occupations-and-fashion-models/h-1b-electronic-registration-process

(2) https://www.uscis.gov/news/alerts/dhs-delays-effective-date-of-h-1b-selection-final-rule

Rebecca Carcagno

The Law Offices of Rebecca Carcagno, PLLC

2512 Carpenter Rd

Suite 102 A

Ann Arbor, MI 48108