Registering Employees for H-1B Lottery

 

In 2021, the candidate registration period for the H-1B random selection process, or “H-1B lottery,” will run from March 9 to March 25.  USCIS will inform employers of selected candidates by March 31, 2021.  Employers will then have 90 days to submit an H-1B petition on behalf of selected candidates. If the petition for a particular candidate is approved, that person will then be able to start working for the employer in H-1B status on October 1, 2021.

Registration for H-1B Lottery

We do not charge our clients for registering prospective H-1B employees for the H-1B random selection process, or “H-1B lottery.” Furthermore, you are not committed to use our services even if your prospective H-1B employees are selected in the H-1B lottery.  If you registered employees for the H-1B lottery through Berner Law, PLLC, and certain of your employees have been selected in the H-1B lottery, you may choose our firm to submit your employees’ H-1B petition (we hope you will), or you may choose to go with a different law firm.

Further details regarding the H-1B registration process are set forth below. We provide services to companies throughout the United States. 

H-1B Random Selection Process (the “H-1B Lottery”)

On March 9, 2021, USCIS will initiate its online H-1B-cap electronic registration system for employers for FY 2022. Through this online system, USCIS will allow employers to submit beneficiary names for participation in the yearly H-1B-cap random selection process (commonly referred to as the “H-1B lottery”) for a fee of $10 per prospective H-1B beneficiary. The new online system will supplant the former H-1B-cap random selection process pursuant to which employers were required to submit a full H-1B petition on behalf of all prospective H-1B cap-season beneficiaries.

With the new electronic registration system, in order to participate in the FY 2022 H-1B-cap random selection process, employers must sign up as “Registrants” on the https://my.uscis.gov/ webpage. Subsequently, from 12 PM ET on March 9, 2021 to 12 PM ET on March 25, 2021, employers and/or their attorneys may register the names of prospective H-1B-cap beneficiaries through the same electronic system. 

Following the end of the online registration period on March 25, 2021, USCIS will conduct the FY 2022 H-1B cap random selection process.  By March 31, 2021, USCIS will notify employers and their attorneys of the results of this process (identifying those prospective H-1B employees who were selected) through the https://my.uscis.gov/ webpage.  Employers will then be given a 90 day window during which they may submit H-1B petitions for the selected beneficiaries.

Key dates for employers

To participate in the FY 2022 H-1B-cap random selection process, employers must do the following:

  • Starting ASAP: Sign up as “Registrants” on the https://my.uscis.gov/ webpage. Employers may register through March 25, 2021. 

  • From March 9, 2021 to March 25, 2021: Through the https://my.uscis.gov/ webpage, employers will either (1) submit names of prospective H-1B beneficiaries who are to participate in the FY 2021 H-1B random selection process; or (2) approve beneficiary names submitted by employers’ attorneys. 

  • By March 31, 2021: USCIS will inform employers and their attorneys of the results of the H-1B-cap random selection process.  USCIS will then provide employers a 90 day window to submit an H-1B petition on behalf of selected beneficiaries.