H-1B Registration Opens in March

By Marylou Fabbo - Skoler, Abbott & Presser, P.C.

February 3, 2022

If you employed a foreign worker with an H-1B Visa years ago, you are probably familiar with the pain-staking, nerve-wracking process of rushing to submit a Labor Certificate, a visa petition and numerous (separate) checks on April 1 only for the possibility of it being processed. Until a few years ago, employers were forced to dedicate many hours to the H-1B application process simply to find out whether the beneficiary’s case would even receive USCIS consideration. Because the number of petitions consistently (and substantially) exceeds the number of H-1B Visas available, the government would conduct a lottery to determine which petitions they would take a look at. For the past few years, the USCIS has greatly simplified the process by which it will decide which petitions will even be considered for approval.

Simplified H-1B Registration

These days, employers need only pay $10 to register H-1B candidate petitions for the lottery that USCIS has implemented to randomly select which petitions will be processed. A registration account can be set up online beginning on noon February 21, 2022 (EST), and beginning in March, registrations can be summited through that account. The registration process requires the submission of basic information rather than the complete Form I-129 and all related documents. Further, employers are given several weeks to register their employees.

This year registration will be open from noon on March 1 through noon on March 18. It is expected that by the end of March, notices will be sent to those who have been selected and can proceed to the next (much more complicated) step. Although not guaranteed, it is possible that a second or third lottery will be conducted later in the year. Keep in mind, being selected in the lottery does not mean your petition ultimately will be approved. Those whose petitions are approved may begin working under the H-1B Visa on October 1, 2022.

The H-1B program allows US employers to temporarily employ foreign workers in occupations that require the theoretical and practical application of a body of highly specialized knowledge and a bachelor’s degree or higher in the worker’s specialty, or its equivalent.  H-1B specialty occupations may include fields such as architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology and the arts.

The simplification of the lottery process has opened up opportunities for employers who have shied away from employing H-1B workers due to the complicated process leading up to the lottery. With today’s shortage of US employees, employers are increasingly looking to temporary foreign labor in positions that otherwise remain open. In addition to H-1B visas, there are numerous additional avenues by which a US employer can temporarily employ a non-immigrant worker. Our attorneys specialize in workplace immigration issues and can explore options with your company, as well as assist you with compliance issues.

www.skoler-abbott.com