Annual H-1B Visa Lottery Deadlines Approaching
USCIS has announced the H-1B visa cap registration deadlines for FY2023. Registration is mandatory for most employers wishing to sponsor a candidate for an H-1B visa in the FY2023 H-1B cap cycle. Registration is an annual electronic process through which USCIS receives registrations from employers for the H-1B lottery. Registrants are selected at random for an opportunity to fill one of the H-1B cap positions.
The electronic H-1B lottery application window starts on March 1 and ends on March 18 at 12 noon EST / 9 am PST. If you desire to have one or more candidates entered into the H-1B lottery, please let immigration counsel know before March 1. To register, representatives should create a ‘myUSCIS’ online account. Accounts may be created as early as February 21, 2022, at noon. Beneficiary information may be added and the registration fee of ten dollars ($10.00) may be paid beginning March 1, 2022.
After the close of the registration period, USCIS will conduct its initial selection process. Notice will be sent to selected registrants After the close of the registration period, USCIS will conduct its initial selection process. Those with selected registrations will have their myUSCIS accounted updated to include a selection notice, which includes details about when and where to file. Selected beneficiaries will show as “Selected” in the myUSCIS portal, while all other beneficiaries are expected to show as “Submitted.” As was the case last year, April 1, 2022 will be the earliest date on which H-1B cap-subject petitions may be filed. Petitioners and their representatives must file for the selected beneficiaries within 90 days of receiving notification of selection under the lottery. As was the case last year, we expect there may be a second round of selections in late summer/early fall of this year, allowing additional registrations to be selected for the remaining numerical allocations.
If the case is selected, then immigration counsel would file a full H-1B petition with USCIS with an employment start date of October 1. This electronic lottery process allows immigration counsel to do a preliminary streamlined filing on your behalf. Employers no longer have to go “all-in” with a full petition filing up-front without knowing whether the petition has been accepted into the cap. This should result in substantial cost savings for employers.
Next Steps and Best Practices
The following are steps employers should take to facilitate the H-1B application process:
Identify individuals within their workforce or potential workforce who a) qualify for H-1B sponsorship and b) fall under the H-1B cap. This step must be taken quickly with questions resolved through qualified sources of legal advice. Note: Registrations are for a specific named individual. Employers cannot register without a specific name and related details nor can they later substitute candidates.
The registration process requires limited information about the sponsoring employer and foreign national, as well as a $10 (US) fee per submission. Despite the simplicity, employers are cautioned to register only the foreign nationals they genuinely intend to sponsor, as applications are attested to under penalty of perjury.
It is best to undertake an initial assessment of H-1B eligibility and identify potential issues or complexities. This review should include: degree requirements and evidence of qualifications, wage requirements, current status, and employment authorization expiration dates.