USCIS is debuting its new H-1B online lottery registration system this Sunday, March 1st. It’s a good idea for employers to have already begun the process, but it’s not too late to sponsor an employee for this year’s H-1B lottery.

What is the cap?

Congress only allows 65,000 H-1B visas to be issued every year, with an additional 20,000 for those with a U.S. master’s degree. Applicants in recent years have far exceeded the statutory cap, so USCIS conducts a lottery to select candidates at random. Because there are so many applicants, employers may only sponsor an initial H-1B visa during the designated time frame discussed below.

What is the new system?

In previous years, H-1B petitions were fully prepared and then shipped to USCIS for delivery on April 1st. USCIS would conduct the lottery and then return the petitions that were not selected. This resulted in wasteful time and resource allocation, legal fees, shipping, and even inefficient government adjudication. The new system involves pre-registration from March 1st through March 20th. USCIS then conducts the lottery and informs applicants if they have been selected. Only when selected are visa petitions prepared and sent to USCIS within 90 days of April 1st.

What steps must employers take?

Employers must register an online account at USCIS and if using an immigration attorney may digitally sign a Form G-28, allowing the attorney to represent the employer. A $10 registration fee is paid, and those that have been selected in the lottery are informed through the USCIS online account.

What must occur before registration?

H-1B candidates must be identified and analyzed to ensure they qualify for the visa. This ensures a detailed review of the job description and the candidate’s resume and education. Employers sponsoring a candidate for the first time also need to have on hand some initial documentation such as EIN and NAICS code.

What happens after the lottery?

If a candidate is not selected, he or she will need another type of work visa or status to remain in the United States. If a candidate is selected, then the H-1B visa petition is prepared and filed with USCIS. Although there is a 90-day window, it is better to start preliminarily gathering documents in March to ensure faster preparation and filing.

If you have employees that you want to sponsor for this year’s H-1B cap, please contact us today so we can start the process and ensure a timing filing.