NOW is the Time to Assess H-1B Visas for 2022!

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With the New Year upon us, it is time to begin the initial H-1B process for any interested companies or organizations with foreign workers. Now is the time to see if anyone will need assistance with an H-1B petition. 
 

In 2019, USCIS implemented a new electronic registration system for employers seeking to file H-1B cap-subject petitions for foreign national employees. Last year, the registration period for foreign nationals ran from March 9 to March 25, 2021. We anticipate a similar timeframe this year. Once the registration period is over, the US Citizenship and Immigration Service will then run a random selection process on those electronic registrations. Only employers with selected registrations will be eligible to file H-1B cap-subject petitions. Following the selection process, employers will have a 90-day window to file the case(s) selected. If insufficient H-1B cap-subject petitions are received by USCIS from the initial selected registrations, then they may conduct a second or even a third lottery as has been done in the past.

It is therefore important for employers to assess who among their foreign nationals will need a change of status to H-1B, and will need to be registered in the government system as soon as possible.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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