Complete Guide to Applying for the H-1B 2021-2022: Registration, Process, and Timeline

What is the H-1B Visa Lottery?

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.

H-1B Visa Registration 2021-22

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:

1. Employers should pre-register their foreign workers in the USCIS database prior to the application period
2. Upon reviewing registered foreign workers, the USCIS will select beneficiaries from the lottery. This number of beneficiaries includes 65,000 for the “regular cap” and 20,000 for the “master’s cap”
3. Upon being selected, those employers must file petitions along with proper documentation to the USCIS for processing. If approved, the H-1B will be issued. For those selected in the 2021 lottery, their start date would be October 1, 2021

Registering for H-1B Visa

To register for the H-1B visa lottery, you must know the following information:

• Registration opens on March 9, 2021. You may create an online account with USCIS any time after February 24, 2021 and pay a $10 registration fee
• Registration closes at 12pm on March 25, 2021
• When conducting the lottery, the USCIS will begin with the regular cap and end with the master’s cap
• The USCIS will notify lottery winners on or by March 31, 2021

Documentation

To register for an H-1B visa, you’ll need the following documentation from your employer:

• Employer’s name
• Employer’s FEIN (identification number)
• Employer’s contact information including address
• Employer’s lawyer contact information

As an applicant, you will need to supply the following information about yourself:

• Full name
• Birthdate
• Home country
• Country in which you hold citizenship
• Passport ID
• Gender
• Diploma from advanced degree program

It is important to note that employers must register their beneficiaries with the USCIS database prior to the H-1B visa lottery application window.

Application Timeline

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.

Application Deadline

Registration for the H-1B visa lottery opens on March 9, 2021 at 12pm and closes on March 25, 2021 at 12pm.

Cost

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.

Denied H-1B Visa Application

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:

• You must register within the specified window — March 9^th to March 25^th. The USCIS will not allow registrations outside of the window.
• Only one submission per beneficiary by the sponsor. A duplicate registration can result in immediate denial.

Regular Cap vs Master Cap

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.

New Changes to H-1B Visa

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.

How an Immigration Attorney Can Help You

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.