USCIS announced in December 2019 that it had successfully completed pilot testing on their new electronic registration system for the H-1B lottery in 2020. Employers interested in filing H-1B cap-subject petitions for the fiscal year 2021 cap will electronically register for their employees from March 1-March 20. This includes those entering the regular H-1b lottery as well as the H-1b Master’s Cap (20,000 additional H-1b visas are set aside for individuals with a U.S. Master’s or higher degree).
In the past, employers filed their full H-1B cap-subject petitions, which would then undergo a random selection process. In the new system, employers instead only provide basic information about their company and each requested worker and pay a $10 registration fee. In theory, this sounds like a good system, as it will reduce the wasted paperwork and expenses for employers, who previously had to file complete applications that may not selected in the lottery. Some are concerned that overseas mega-staffing firms may inundate the lottery now with thousands of applications, thereby reducing the chance of other foreign nationals from getting selected.
What Does the New Program Look Like?
Details are still coming out on the new electronic registration system, but there are some things we do know for certain. USCIS has announced that they will use the myUSCIS online portal to host the system. Based on information released by USCIS late last year, we can expect the electronic registration to require the following information:
- For the Beneficiary:
- Beneficiary’s legal name
- Beneficiary’s gender
- Beneficiary’s date and country of birth
- Beneficiary’s passport number and country of citizenship
- Is the petitioner requesting an advanced degree exception under INA 214(g)(5)(C)?
- For the Petitioner:
- Legal name of the petitioning company or organization
- Doing Business As name of the petitioning company or organization, if they have one
- EIN of the petitioning company or organization
- Primary U.S. address of the petitioning company or organization’s headquarters
- Legal name, title, phone number, and email address of the authorized signatory for the petitioning company or organization
The electronic registration process will open on March 1st, 2020, and USCIS has stated they intend to keep the process open until March 20, 2020. The actual end date will be announced on the USCIS website based on the number of registrations received. In a Federal Register notice from January 2020, USCIS stated that it intends to notify registrants with selected registrations from the initial registration period no later than March 31, 2020. Once the selected applicants are notified, they may submit their full H-1B application starting April 1, 2020, and have at least 90 days from the date of their selection notification to submit.
Can We Help You Through This Process?
Feldman Feldman and Associates has a long history of helping employers through the H-1B process and filed thousands of successful H-1b petitions for all types of occupations. If you are a foreign national or employer interested in filing an H-1b petition, we are here to help. If you have questions or would like our assistance with an H-1b petition or other immigration matters, please feel free to contact us through our website or at (619) 299-9600.
