February 3, 2020
It is no secret that the H-1B application process has undergone a number of changes over the last year, including a switch to a fully electronic registration, paying a registration fee, and changes to the lottery system. This article gives an update of what we know up to this point as well as tips for applying as successfully as possible. For a basic overview of the H-1B visa please read our previous article.
Registration for the H-1B is now submitted electronically via the USCIS portal (https://myaccount.uscis.gov/users/sign_up). An attorney may register on behalf of an employer and should be able to manage one or more clients under that account. To register, an employer must pay a $10 registration fee at http://www.pay.gov using a debit or credit card. An employer may batch payments if they prefer to do so. Once submitted, a confirmation will appear in the portal to show that the registration is being processed.
This year, the lottery is being conducted in reverse order in an attempt to increase the number of United States master’s degree holders obtaining an H-1B visa. While historically, a lottery was first conducted for U.S. master’s degree holders, and those who were not selected were put into the larger “pool” of applicants, this year all applicants will be put into the pool, and any U.S. master’s degree holders who are not selected in the first round will be put into the pool of 20,000 slots geared specifically toward them. If an employee is selected, a notification of acceptance will appear in the portal, along with a notice of confirmation that must be printed and submitted with USCIS H-1B petition filing. The USCIS have said they will create a wait list for those who are not picked, so even after the lottery is conducted, employers should continue checking the portal. In the unlikely event that USCIS does not receive enough applicants, they will reopen registration. At this time, we do not know whether an employer will be notified if their employee has not been selected.
The USCIS will provide training and guidance on how to use the registration system for those who would like it.
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