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 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 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 webpage. Employers may register through March 25, 2021. 

  • From March 9, 2021 to March 25, 2021: Through the 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.

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