The H-1B visa lottery and cap season are selection processes used to select a number of H-1B visa applicants each year. The H-1B program allows companies and employers in the U.S. to employ foreign workers in certain occupations that require highly specialized knowledge along with a bachelor’s degree or higher. H-1B fields can include architecture, engineering, mathematics, physical or social science, health, education, law, business, the arts, and more.
The H-1B Visa 2021 cap season is approaching quickly. To begin your application or registration for H-1B visa, applicants are required to use the USCIS’s pre-registration lottery system. Registration for H-1B visa opens on March 9, 2021 and ends on March 25, 2021. Planning on registering in the H-1B visa lottery? Here’s how the system works:
To register for the H-1B visa lottery, you must know the following information:
To register for an H-1B visa, you’ll need the following documentation from your employer:
As an applicant, you will need to supply the following information about yourself:
It is important to note that employers must register their beneficiaries with the USCIS database prior to the H-1B visa lottery application window.
If you have registered and applied for the H-1B visa in the lottery, you may be wondering how long you’ll have to wait for your decision. Once you’ve submitted all proper supporting documentation, your status will be listed as “submitted.” This simply means you’ve successfully submitted your request for H-1B visa.
The next phase of the timeline depends on whether you have been selected to receive an H-1B visa. If you are selected, your sponsoring employer can file the corresponding petition (Form I-129) with the USCIS after April 1, 2021.
If you are denied or not selected, you are urged to contact the immigration attorneys at Scott D. Pollock & Associates, P.C. Speaking with an experienced attorney will allow you to explore any additional visa options and next steps.
Registration for the H-1B visa lottery opens on March 9, 2021 at 12pm and closes on March 25, 2021 at 12pm.
When sponsors/employers are registering an employee or beneficiary, they must pay an initial registration fee of $10. Additional fees the employer will be responsible for include a $460 filing fee, USCIS anti-fraud fee of $500, an education fee ranging between $750-1,500, and a public law fee of $4,000.
Beyond employer fees, selected applicants can choose to process their application at a quicker speed for an additional $2,500.
Registering or applying incorrectly can result in an automatic denial for H-1B visa. To avoid being denied without consideration, keep the following in mind:
The purpose of the visa “cap” is simply the limit set by the government on how many H-1B visas can be issued. There are two main types of visa caps under this U.S. visa category: regular cap and master cap.
The regular cap or H-1B regular visa cap is the total limit of H-1B visas the United States can issue in a fiscal year. Those who qualify and are selected under the regular cap, meet the basic requirements for the visa class. Usual requirements for H-1B visa regular cap include a bachelor’s degree and specialized knowledge in the field in which the applicant will be working. The regular cap each year in the United States is 65,000.
The H-1B visa master cap is a bit different, and more involved than the regular cap. For an applicant to qualify or fall under the master cap, they must obtain an advanced degree such as a masters or PhD from a United States university. The annual limit on H-1B masters qualifiers is 20,000.
With a new administration in the White House, changes to immigration policy are expected. While the new administration had intended to modify the current cap system by prioritizing by wage levels set by the Department of Labor (DOL), it was deemed that this will not affect the H-1B visa lottery of 2021-22. If the changes go into effect for the 2022-23 season, the random registration system may not be used any longer.
The legal team at Scott D. Pollock & Associates, P.C. have decades of combined experience in immigration law. We provide individuals with the representation and legal advice they need when navigating through the process of obtaining an H-1B visa.
Contact a member of our team today at 312.444.1940.View Similar Articles