The USCIS introduced that employers topic to the H-1B cap can start registering on-line at midday Jap Time on March 9, 2021. H-1B On-line Registration will finish at midday Jap Time on March 25.
On March 31, USCIS will start notifying employers as to which employees had been chosen within the lottery. For every particular person chosen within the lottery, USCIS will present their employer with a variety discover. If the particular person is chosen within the H-1B lottery, the discover have to be printed by the employer and submitted along with the particular person’s H-1B petition.
A registrant’s USCIS on-line account will present one of many following statuses for every registration:
- Submitted: The registration has been submitted and is eligible for choice. If the preliminary choice course of has been accomplished, this registration stays eligible, except subsequently invalidated, for choice in any subsequent choices for the fiscal 12 months for which it was submitted.
- Chosen: Chosen to file an H-1B cap petition.
- Not Chosen: Not chosen – not eligible to file an H-1B cap petition based mostly on this registration.
- Denied: A number of registrations had been submitted by or on behalf of the identical registrant for a similar beneficiary. If denied as a reproduction registration, all registrations submitted by or on behalf of the identical registrant for this beneficiary for the fiscal 12 months are invalid.
- Invalidated-Failed Fee: A registration was submitted however the cost methodology was declined, not reconciled, or in any other case invalid.
Beginning on April 1, employers will be capable to submit H-1B petitions for a minimum of 3 months for employees who had been chosen within the lottery. It isn’t but identified whether or not employers will be capable to file H-1B petitions utilizing premium processing throughout that time frame.
Though the approval of an H-1B petition doesn’t authorize an individual to start employment in H-1B standing till October 1, 2021, there may be an exemption for college students presently employed utilizing F-1 pupil Non-obligatory Sensible Coaching (OPT). If the scholar’s OPT will expire previous to October 1, 2021, the approval of an H-1B petition with an October 1st begin date permits the scholar to proceed working between the OPT expiration date and October 1st. This is called the “cap-gap”.
The Trump Administration had beforehand issued a regulation which might have given H-1B cap numbers to employees paid the best wage degree for his or her occupation of their geographic space. Nonetheless, on February 4, 2021, the Biden Administration delayed the implementation of this regulation. So, for now, H-1B petitions will proceed to be chosen by a random course of as long as the variety of H-1B employees requested by employers continues to exceed 85,000.
As in prior years, the USCIS will conduct 2 H-1B lotteries. The primary will embody all beneficiaries and USCIS will randomly choose 65,000 people. The second lottery will likely be restricted to individuals with superior levels from universities in the US. USCIS will randomly choose 20,000 people on this second lottery.
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The H-1B On-line Registration Course of
Firms should have a myUSCIS account for every Employer Identification Quantity (EIN) entity which is able to sponsor H-1B employees for the FY 2022 cap season. The next video explains the H-1B On-line Registration Course of:
For every registered on-line account, an employer should embody the next details about as much as 250 potential H-1B employees whom they want to make use of:
- Full Authorized Identify;
- Date of Start;
- Nation of Start;
- Nation of Citizenship;
- Passport Quantity (if any); and
- Whether or not or not the employee is, or will likely be, eligible for the H-1B Advance Diploma Cap.
The employer is required to pay a payment on-line of $10 per every potential worker. There isn’t any restrict to the variety of accounts that may be created by an employer.
H-1B On-line Registration – Further Assets