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Right now, employers need to be determining if they have any employees for whom they will want to file a Cap H-1B. An I-9 audit of current employees is a good way to start as it will identify any employees working on OPT or STEMP OPT EADs, most likely these are employees for whom the employer may want to register for the Cap H-1B lottery.
If an employer determines it has employees that may be eligible for Cap H-1B, it’s time to discuss with their business immigration lawyer to determine if the position is an H-1B position, if the employee has the necessary qualifications, and then start working on the H-1B petition. We recommend preparing the H-1B petition assuming we will be selected, to make sure there is proper time for analysis and preparing the petition. We have already started filing LCAs and our clients have posted the LCAs, so that if they are selected, there will not be unnecessary delays in filing the petitions.
Employers can also start reviewing documents and information that will need to be entered for the H-1B registration process, so that on the first day of the Cap H-1B registration period, they are ready to go!
Important Dates to Keep in Mind:
February 21, 2022, Noon Eastern Time – Can Create a NEW Registrant Account
This is the first day an employer can create the correct type of USCIS account for registering employees for the Cap H-1B lottery. More information on the types of accounts here.
March 1, 2022, Noon Eastern Time – Cap H-1B Registration Opens
USCIS announced that March 1, at Noon Eastern Time is when the Cap H-1B lottery opens. March 18, 2022, Noon Eastern Time – Cap H-1B Registration Closes
USCIS announced that the Cap H-1B lottery registration period will close at Noon Eastern time on March 18, 2022. USCIS will begin conducting the random selection process, and they will begin sending selection notifications to account holders via their my USCIS online accounts.
What Type of Account should Employers Create for Cap H-1B Registration: There are three types of myUSCIS accounts that one can create, and it is important that Employers create the right type of account for H-1B registration process: “Registrant Account.” The Registrant Account will allow Employers to participate in the H-1B registration process once it opens on March 1, 2022. This type of account is not available for creation until February 21, 2022, at Noon Eastern Time.
How to Create a USCIS Account:
For H-1B registrant account, please wait until February 21, 2022, Noon Eastern!
The link to the my USCIS account creation page is here, but the prompt for H-1B Registrant type of account will not show up yet.
March 31, 2022 – Cap H-1B Selection Notifications
USCIS has announced that it will notify account holders by March 31, 2022, if they have been selected in the initial registration period. If you are selected, make sure you contact your business immigration attorney right away and send them a copy of your selection notice.
April 1, 2022
If selected in the Cap H-1B lottery, the earliest an Employer can file an H-1B petition is April 1, 2022.
Plan of Action:
While it may be too early to create an account, register, and/or file a petition, it is not too early to put a plan of action in place so that each step of the process is completed timely and accurately. At our office, we draft our petitions in advance and we schedule zoom appointments with our H-1B Employer clients where we guide them through each step. If you are an employer and you are unsure of any step in the process, you should contact your business immigration attorney for specific advice.
H-1B Training:
If you are an Employer looking for general information about the H-1B process, please consider one of our H-1B training webinars with one of our practicing business immigration attorneys. Our H-1B training can be found here.
Leyla McMullen
Business Immigration Attorney MDIVANI CORPORATE IMMIGRATION LAW FIRM
NOT LEGAL ADVICE: This article is for educational purposes only, it is not legal advice that may be applicable to our situation
The information provided here does not constitute legal advice. It is general information regarding law and policy that may be applicable to your particular HR issue or legal problem. Information provided in this blog, or any of our other public posts, does not create an attorney-client relationship. For specific advice you can rely upon, please contact your attorney.
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