It is that time of year when we recommend our clients to commence the process for filing H-1B petitions in the upcoming H-1B lottery for FY2022. Below, we provide an overview of the process and engagement options with our firm.
Electronic Registration System
- Initial Electronic Registration:
Under this process, employers seeking H-1B workers subject to the cap, or their authorized representatives, will complete a registration process that requires basic information about their company and each requested worker. As part of the registration, Petitioners are required to attest that the filing is not frivolous and that they have a bona fide job offer available on 10/1 for a Beneficiary that qualifies for the position.
Please note that only one registration is allowed per Beneficiary by a Petitioner, and a selected registration is not transferrable to another prospective employee after filing. The government fee for filing a registration in the lottery is $10.
A note about the new H-1B Lottery Rule Published on January 8, 2021: USCIS published a final rule that modifies the H-1B cap selection process and lottery procedures. It was slated to take effect 60 days from publication, which lands on March 8, 2021. However on February 5, 2021, USCIS announced that it will delay the implementation of this rule until December 31, 2021
- Filing Period for Electronic Registration: March 9, 2021 – March 25, 2021
USCIS is will open the registration period from March 9, 2021 through March 25, 2021.
Only those with selected registrations will be eligible to file H-1B cap-subject petitions. We anticipate that there will be a lottery, as it is likely that more petitions will be filed than are available slots.
Only those with selected registrations will be eligible to file H-1B cap-subject petitions. We anticipate that there will be a lottery, as it is likely that more petitions will be filed than are available slots.
- Filing H-1B petition if selected: 90 days to file if selected
Once cases are selected, USCIS will notify Petitioners and Legal Representatives in the online portal through which the electronic registrations are filed. Selections will not be sent by mail or email.
Thereafter, Petitioners have 90 days to file the petition.
ImmiCore Law Options:
| Option | #1: Registration and if selected, filing of H-1B petition. | #2: Filing of selected H-1B petition only (ImmiCore Law does not do registration) |
| Details | Step 1: ImmiCore Law will do Beneficiary document collection, pre-hire analysis, and complete registration on behalf of the Beneficiary.
Step 2: If the case is selected, ImmiCore Law will file H-1B petition within allotted filing period.
|
ImmiCore Law will prepare full petition for case brought to firm post registration (registration is not done by ImmiCore Law). |
Timelines
To best meet your immigration needs, please see below for filing timelines:
| Action Items | Required Timeline
(We encourage you to provide details sooner) |
| H-1B Registration Initiation with ImmiCore Law | January 20, 2021- March 15, 2021 |
| Beneficiary Details:
· Complete H-1B initiation worksheet · Provide Beneficiary’s education details and status documents |
|
| Late: Receipt of Completed Initiation Worksheet After 3/10/2021 | $100 late fee |
| Electronic Registration | March 9, 2021-March 25, 2021 |
| Anticipated Lottery Selection Notification | By March 31, 2021 |
| Anticipated Filing Period | April 1, 2021-June 30, 2021 |
H-1B Registration:
- Initiation Worksheet must be received by 3/15/2021, or a late fee will be assessed.
- March 19th Cut-Off: For cases initiated after March 19, 2021, our law firm cannot guarantee timely filing of a registration form.
For Selected Cases:
- LCA details must be received no later than June 15, 2021.
- Supporting documents must be received no later than June 22, 2021.
After these dates, our law firm cannot guarantee timely filing.
File for current CPT and OPT Candidates: Please note that we highly recommend filing an H-1B petition for any of your candidates that may already have work authorization through Curricular Practical Training (CPT) Optional Practical Training (OPT) even where such CPT or OPT will last through next year.
How to Get Started with ImmiCore Law
Please contact our immigration team by emailing H1BCap1@immicore.com for information about our services and how to start the process with our firm.
We look forward to successfully supporting your H-1B petitions this year.