The H-1B registration process for this year’s “lottery” (FY 2023) has been announced.
WHAT WE KNOW
- Each employer must create a myUSCIS registrant account. If more than one person within the organization is permitted to submit an H-1B registration, each person must have their own myUSCIS account.
- An employer may only submit one (1) registration per beneficiary/employee.
- The U.S. Citizenship and Immigration Services (USCIS) timetable is as follows:
- The registration period will open at 12:00 pm EST on March 1, 2022 and closes at 12:00 pm EST on March 18, 2022.
- Registrations may be created as of February 21, 2022.
- USCIS aims to notify employers of which registrations were selected by March 31, 2022. It may take a day or two for the myUSCIS system to be updated.
- A $10 registration fee is required for each registration.
- An employer may submit an H-1B petition on behalf of a beneficiary/employee only if the registration is selected after the “lottery.”
- As before, the registration process requires the employer’s authorized signatory to work with our team to submit the registrations because of the two-factor authentication protocols within myUSCIS.
- In the two years since rolling out the H-1B registration process, USCIS received more than enough registrations to utilize the approximate 85,000 visas (combined regular and master caps): 274,237 for FY 2021 and 308,613 FY 2022.
- In both years, approximately 100,000 registrations were selected to reach the numerical allocations. However, as a result of unfiled H-1B registrations within the time limit of 90 days, a second round of registrations was authorized in FY 2021 and two additional selections in FY 2022.
- It is unknown whether a second or third round of selections will occur in FY 2023
H-1B Not Selected, What are your options?
If you aren’t selected, some firms offer a “benching” option in Canada for professionals in order to provide a geographically close launching platform to apply again the next fiscal year. Alternately, extending F-1 work authorization for STEM degrees working for eVerify employers is an option that may extend EAD work authorization for up to an additional two years. Please reach out for a consultation to discuss fact-specific options based upon your profile.
Need Help with Immigration Law?
If you or someone is dealing with immigration litigation issues related to work visas, marriage, family immigration, and more, our team at Philip Levin & Associates will gladly assist you.
