Follow the Selection Notice: a U.S. Master’s Degree Holder May Nevertheless be selected under the Regular H-1B Cap

H-1B employers sometimes would ask why they are filing the H-1B under the regular cap when the beneficiary who won the H-1B loettery holds a U.S. master's degree. The simple answer: the selection notice says so. Note that during H-1B registration, the registration is simply requesting consideration for Master's Cap registration when a beneficiary holds a qualified U.S. master's degree. Whether...

Follow the H-1B Selection Notice

We are currently in the filing phase of this year's cap-subject H-1B season. As we send out completed forms for review and signature, we often receive questions about how the beneficiary was selected in the registration lottery. During H-1B registration, a beneficiary may qualify for the Master's cap exemption as long as they have or will have attained a US master's degree at the time of H-1B...

H-1B Lottery Results 2021

Update3 March 30, 2021 We are all bit shocked by the lottery results. Our selection rate is just over 20% which is a record low. I don't believe we have ever touched 39% in all of the previous lottery years. So this made us pause a little and wonder what's really going on with the registration this year. We've checked with clients who did the registration on their own and it seems like so far...

Some H-1B Petitions (Cap Subject) were Rejected Last Year Because the Petitions Included a Start Date After October 1

Update Post May 1, 2021 In response to the lawsuit, USCIS has agreed to accept and adjudicate H-1B cap petitions that were previously rejected last year due to having a start date that is after October 1, 2020. Original Post March 16, 2021 This is both shockingly absurd and sad. A lawsuit was filed (a copy of the complaint is attached below) recently by multiple petitioners whose H-1B petitions...

Steps to Take by the Employer when Attorney is Registering H-1B Candidates on its Behalf

This post relates to employer's obligations when it has retained an attorney to handle its H-1B registration. First, the employer must have access to its USCIS account. If employer has created an account last year, the same login credential should work. If not, employer should go through the reset password procedure. If employer has never created an account, employer should follow the...

Avoid Common Errors During H-1B Registration

As we enter into the registration period (March 9, 2021 to March 25, 2021), it is important to note some of the common mistakes so that each beneficiary is properly registered. The company should be aware that there are three account types to choose from. Choose the correct one. Regardless of whether they have an attorney or not, they must have an account as a “H-1B registrant”. Please see...

Final Rule Creating a Wage-Based H-1B Lottery Delayed Until 12/31/2021

As we have previously reported, this final rule has been postponed in light of Biden's efforts to postpone "midnight regulations" that signed by President Trump during the waning days of his administration. See our earlier posts: Final Rule on Creating Wage-Based Selection System for H-1B Cap-Subject PetitionH-1B Lottery unlikely to be impacted by the New RuleH-1B Lottery for FY2022 will Remain...

H-1B注册抽签3月9日开始

美国移民局2022年度H-1B注册抽签将从3月9日开始,您和您的雇主准备好了吗? H-1B签证一直是美国最重要的工作签证之一。H-1B签证允许从事专业职业 (specialty occupation)...

Common Questions and Answers about the H-1B Registration

Q: When is the registration period? A: Registration starts at noon on March 9, 2021 and ends on noon eastern on March 25, 2021. Q: Do I need an attorney to register for me? A: No, company may register for its employees directly without the use of attorney. They should follow the instructions in the following link: Q: What documents do you need? A: If we are handling the registration process for...

H-1B Lottery Registration Starts from March 9, 2021 to March 25, 2021

UPDATE 02/24/2021: Prospective petitioners may use H-1B registrant accounts created last year, if applicable. Otherwise, they may begin creating new H-1B registrant accounts in MyUSCIS by selecting the “I am an H-1B registrant” account type, which will become available on March 2, 2021, at noon (ET) and remain available throughout the registration period. USCIS has confirmed that...