01 March 2021

Opportunities for Hiring Foreign National Talent – H-1B Visa Registration

The United States Citizenship and Immigration Service (“USCIS”) has announced that it will again use the electronic registration process introduced in 2020 to select foreign nationals eligible to apply for fiscal year 2022 cap-subject H-1B visas. H-1B visas can be used to employ foreign nationals in technical or professional positions that require at least a Bachelor’s Degree. The electronic registration will be open from March 9, 2021 through March 25, 2021. During that time, employers will be required to complete basic information about the company and each foreign national beneficiary. Employers are charged a $10 fee for each beneficiary registered.

Demand for the 85,000 cap-subject H-1B visas is again expected to exceed the available quota. High demand exists because the H-1B visa class is often the best and only option to retain or hire skilled foreign national students, including recent college graduates, beyond a limited period of Occupational Practical Training. When demand exceeds the available annual 85,000 cap or quota the USCIS runs a random lottery selection. Employers whose H-1B registrations are selected will then be eligible to file H-1B cap-subject petitions. The USCIS has indicated it plans to notify employers and immigration counsel of winning registrations by March 31, 2021.

Employers looking to enter foreign national employees in the H-1B lottery should work with a member of Miller Johnson’s Immigration Law Practice Group to identify H-1B cap needs and gather beneficiary data as soon as possible. Questions about the USCIS electronic employer registration, or questions on whether a candidate or employee will require an H-1B visa petition, may be directed to any member of the Miller Johnson Immigration Law Practice Group.