Register Now for H-1B Status
3 min read
For employers seeking to recruit or hold skilled foreign professionals in the specialty (occupations for which a degree is required), helping with getting H-1B status for the foreign national is often a key tool.
However, there are only 85,000 total new H-1B’s available every year (65,000 every year generally, with an additional 20,000 for people with an advanced degree). Demand is typically much higher than the number of new H-1B’s available, resulting in a random selection process run by the U.S. Citizenship and Immigration Services (USCIS). The H-1B lottery, as it is called, happens in March for the government’s fiscal year that begins October 1. Thus employers need to act now if they desire to get one of the 85,000 new H-1B spots that will be available beginning 1st Oct 2022 (the start of the government’s 2023 fiscal year).
H-1B status often serves as a bridge between foreign student status and permanent residency. H-1B status allows a foreign national who works in a specialty occupation. To live and work in the United States for as long as six years. Moreover, people in H-1B status are free to look for permanent residency while in H-1B status. Something that is not generally allowed for people in foreign student or other temporary work statuses. Therefore, people in other nonimmigrant statuses, such as TN or E-3, might be looking to move into H-1B status to facilitate a later move to permanent resident status.
Individuals can register for H-1B Status
For many years, employers who needed to get a cap-subject lottery spot were required to complete full H-1B petitions. Also, they should submit them during the first five business days of April. If more petitions were filed during that period then H-1B spots are available. USCIS would hold a lottery in April to decide which petitions would be reviewed. This resulted in numerous employers spending money on attorneys’ fees for petitions that were never even considered by USCIS.
Starting in 2020, a new registration system was set up. Under the new system, employers are given a period in March to register workers who they might want to have considered for H-1B status beginning in October. If more people are registered in the lottery than there are H-1B spots available, then a lottery will be conducted. Only those selected in the lottery are allowed to move forward with completing a full H-1B petition packet to seek H-1B status. This year, the registration period begins at 11 a.m. Central on March 1 and ends at 11 Central on March 18.
[H-1B Lottery: If you don’t register, you can’t play]
People should be registered before the cut-off time on March 18 to be considered for H-1B status if a lottery is held. It is expected that a lottery will be required for this year. As the pattern has been for the number of H-1B registrations to greatly exceed the number of H-1B spots available. In 2020, the registration period yielded 275,000 registrations. In 2021, that number expanded to 308,613 registrations.
If an individual is chosen in the lottery, the employer will have 90 days. To submit a petition for H-1B status to USCIS.
