Santa-Maria Immigration Law Office

H-1B Lottery (FY2022)

USCIS has announced the registration period for the annual H-1B lottery will open at noon (ET) on March 9, 2021 and run through noon (ET) on March 25, 2021.

Although the H-1B program is one of the primary mechanisms employers rely on to provide professional-level international employees with US work authorization, the US allows no more than 65,000 regular H-1Bs per year for new employees with an additional 20,000 available to those with US master’s degrees or higher.  Historically, demand for new H-1Bs has far outstripped the 85,000 slots available and, accordingly, USCIS runs a random lottery to select which 85,000 applicants will be considered for these coveted visas.  (Note: most employees who already have an H-1B and are renewing or switching to a new employer within their eligibility time frame may do so without having to be placed in the lottery.)

During the final months of the Trump administration, USCIS and DOL both attempted to implement rules that would significantly change the H-1B lottery process by replacing the random selection process with a wage-based selection process and by increasing the wages employers are required to pay to employees selected.  Although the rules will come into effect later this year, none will be in effect for this initial H-1B registration process.

USCIS will be hosting a webinar on February 24, 2021 from 2pm to 3:30pm (ET) to explain the electronic registration process.  A link to the signup page can be found below.  To submit a registration, employers must first open a myUSCIS account.  There is no cost to open the account, but there is a $10 registration fee for each employee submitted to the lottery.  USCIS will notify employers whose registrations have been selected by March 31, 2021.

Employers considering entering a registration or with questions about the H-1B program should not hesitate to contact us.