By Ashlyn Kahler-Rios Caplan & Earnest Recently, I shared some of the most common I-9…
H-1B cap filing season is nearly upon us. so employers should move swiftly to identify any current foreign national employees and potential candidates for employment who may require H-1B specialty occupation visa sponsorship.
We anticipate that the United States Citizenship and Immigration Services (USCIS) will again receive H-1B registrations far in excess of the permitted annual quota, so time is of the essence in identifying potential H-1B employees before the government begins its lottery selection process.
The Registration Portal Will Open in a Matter of Weeks,
Which Means Preparing Applications Now is Critical
The registration portal will be open between noon EST on March 1, 2022, and noon EST on March 18, 2022. As with last couple of years, USCIS will use a random computerized lottery to select registrations for which an H-1B cap petition may be submitted and will notify sponsoring employers of selected entries by March 31, 2022. Employers will then have 90 days to submit their full H-1B petitions for selected registrants.
We recommend that employers identify any H-1B eligible candidates as soon as possible, particularly for any current employees who hold F-1 student status and who will require H-1B status to continue working once their current employment authorization (Optional Practical Training – “OPT” or “STEM OPT”) expires. Though cap registration will not open until March 1, employers should contact us as soon as possible to make sure that we can get registrations completed in a timely manner.
As always, we are happy to help you navigate H-1B season and to help with any immigration questions. Please do not hesitate to reach out to Ashlyn Kahler-Rios or Brad Hendrick if you have any questions about the H-1B lottery or would like to discuss the immigration process further.