SHARE

February 10, 2022

H-1B Lottery Registration Opens March 1

You've Reached Your
Free Article Limit This Month
Register for free to get unlimited access to all Law.com OnPractice content.
Register Now

Key Takeaways

  • U.S. Citizenship and Immigration Services (USCIS) announced the dates for submitting registrations for the yearly H-1B cap lottery.

U.S. Citizenship and Immigration Services (USCIS) announced the dates for submitting registrations for the yearly H-1B cap lottery. The registration period will be open from March 1, 2022 to March 18, 2022, with selections to be announced by the end of the month. All employers who wish to file an H-1B petition under the cap - that is on behalf of an individual who has not previously been counted against the annual limit on new H-1B visas - must register in the system.

The Electronic Registration System

Under the registration system, employers must submit an electronic registration between March 1 and March 18, 2022 and pay the associated $10 fee for each individual that they will sponsor for an H-1B classification during the annual filing period. Employers that have used the registration system in prior H-1B cap lotteries may continue to use their existing accounts for this year's cap registration. Employers setting up new accounts may do so beginning Monday, February 21. The registration will include basic information about the employer, such as its name, tax identification number, primary office location, authorized signatory and an attestation that the company intends to file an H-1B petition, if selected, for the individual beneficiary, as well as the name of the individual that the employer will sponsor, and that individual's date of birth, country of birth and citizenship, passport number and whether the individual has a Master's degree or higher level degree from a U.S. institution.

This system does not change the annual numerical limit on H-1B visas. As in prior years, there will be 65,000 slots available under the "regular cap," which includes those with U.S. or foreign-earned Bachelor's degrees or advanced degrees earned outside the U.S. and an additional 20,000 slots available for those with advanced degrees earned from a U.S. institution. At the end of the registration period on March 18, 2022, if USCIS has received more registrations than there are visas available, the agency will conduct a lottery and notify employers if their registration was selected in the lottery. If a case is selected during the lottery, the employer will be notified by March 31, 2022. Selection in the lottery allows the employer to file an H-1B petition but does not guarantee approval of the petition. Employers will have a 90-day window, expected to open April 1, 2022, in which to file a petition. If USCIS has not received enough petitions by the end of this filing window to meet the quota, USCIS may run additional lotteries and designate new filing periods as appropriate.

Practical Implications of the System

An employer must collect basic information and file a registration by noon ET on March 18, 2022 to participate in the coming year's annual H-1B cap. Thus, employers should review their population of current and potential employees to identify those for whom they would like to file an H-1B petition. This often includes employees working pursuant to student status such as F-1 OPT or STEM OPT, as well as other employees and candidates. Employers are able to register multiple individuals at once, but may only submit one registration per intended beneficiary.

ALM expressly disclaims any express or implied warranty regarding the OnPractice Content, including any implied warranty that the OnPractice Content is accurate, has been corrected or is otherwise free from errors.

More From Pryor Cashman

IP Rights in the Metaverse: An Evolving (Virtual) World

By Dyan Finguerra-DuCharme Pryor Cashman August 02 , 2022

Today, all eyes are on the metaverse as the legal questions it poses will fundamentally change the contours of intellectual property law.

The CFPB's Fintech Power Grab

By Jeffrey Alberts Pryor Cashman June 29 , 2022

The Consumer Financial Protection Bureau announced this April that it intends to begin using a “dormant” authority to conduct regulatory examinations of nonbank financial companies when they pose risks to consumers.

Is the SEC's Regulation of Crypto Lenders Self-Defeating?

By Jeffrey Alberts Pryor Cashman March 30 , 2022

U.S. holders of cryptocurrency have been eager to participate in the crypto lending market, but recent actions by the SEC are causing unexpected, and likely unintended, changes in how these loans are made.

More From Immigration Law

The State Department's October 2022 Visa Bulletin Shows Retrogression for Mainland-China- and India-born EB-5 Investors

By Nataliya Rymer Greenberg Traurig September 09 , 2022

The U.S. Department of State (DOS) has released the monthly Visa Bulletin for October 2022 — the first month of Fiscal Year 2023.

DHS May Make Form I-9 Flexibility a Fixture

By Rebecca B. Schechter Greenberg Traurig September 07 , 2022

The Department of Homeland Security (DHS) announced it is considering changes to the Form I-9 documentation examination procedures.

DHS Takes Step Toward Allowing Virtual, Alternative Options for Examination of I-9 Documents

By Michael H. Neifach Jackson Lewis P.C. August 18 , 2022

For more than two years, due to the COVID-19 pandemic, the Department of Homeland Security (DHS) has been allowing employers with remote workers to review Form I-9 Employment Verification Authorization documents virtually over video link or by fax or email. That flexibility is set to expire on October 31, 2022.

Featured Stories
Closeclose
Search
Menu

Working...