Starting on March 1, 2022 until March 18, 2022, employers may register to enter the H-1B visa lottery.

The H-1B visa is available to U.S. employers wishing to hire a foreign employee in a specialty occupation – one that normally requires the equivalent of a U.S. bachelor’s degree in a field related to the occupation with work experience being able to be counted as the equivalent of a U.S. bachelor’s degree.

The registration period is open from March 1, 2022 – March 18, 2022 and the drawing will happen soon thereafter. Selected registrants will be notified starting March 31, 2022 and April 1, 2022 will be the first date petitions may be filed. Only once a registration is selected in the lottery, a more detailed petition may be sent to USCIS explaining the eligibility of the specific candidate.

As USCIS historically received almost four times as many applications as visas were available (65,000 visas for those in specialty occupations that require a Bachelor’s degree or higher, and an additional cap of 20,000 visas are set aside for individuals who have earned a Master’s degree or higher from a qualifying U.S. institution), USCIS developed a lottery system where employers first register and then USCIS will pick registrations and invite those picked to submit a full application.

The registration itself is fairly straightforward and only general company information is required.

If the entry is being selected and the application approved, the first possible start day for the employee is October 1, 2022.

The registration and lottery is only open once a year and employers who miss this year’s window will have to wait until March 2023 to apply – for a potential start date of October 2023.

Please note: This deadline does not apply to workers already in H-1B status who are either extending their H-1B time or transferring their H-1B to another employer.

A few things to consider:

1. Know whether or not you even qualify

The H-1B visa is meant for those with U.S. job offers in “specialty occupations,” i.e., that require at least a Bachelor’s degree.

2. Are you cap-exempt?

If you were the beneficiary of a cap-subject H-1B petition within the past 6 years, you are probably cap-exempt.  Also, if you are seeking an extension of your H-1B status or are changing cap-subject H-1B employers, you are cap-exempt.

3. Is your employer cap-exempt?

Certain employers, including universities and nonprofit and government research institutions, are not subject to either H-1B cap.  They can submit H-1B petitions all year long. By example, you are exempt from the H-1B cap if you work “at” a university.  You are not required to work “for” the university, but simply “at” the university even if you work for a private employer. Non-profit organizations which are “affiliated with” or “related to” a university are also cap-exempt.  So are governmental and nonprofit research institutions.

4. Do you qualify for the Master’s cap?

If you have an advanced degree from a university in the United States, you probably qualify for the Master’s cap.  20,000 of the 85,000 H-1B petition approvals are reserved for you and you will have a better chance of being selected, as, just in case you were not selected for the Master’s cap lottery, your petition will be still included in the general H-1B lottery.  However, if the institution of higher education that issued the degree is private and/or for-profit, you might not qualify for the Master’s cap. These issues can often involve nuanced and complex evaluations that might best be addressed by an experienced immigration attorney.

For additional information on obtaining an H-1B visa or information regarding other immigration matters, please contact us.