H-1B Selection Process & Key Dates 2021

By Nita Nicole Upadhye

Table of Contents

H-1B Selection Process & Key Dates 2021

The H-1B registration period for cap-subject petitions opened on March 9, 2021 and will remain open until 12:00 PM EST on March 25, 2021.

Since 2020, sponsors have been required to submit the initial electronic registration for inclusion in the H-1B lottery rather than submitting a complete petition at this early stage.

To register an H-1B petition, the sponsor (‘petitioner’) will be required to pay a $10 registration fee and provide basic information about the beneficiary.

USCIS will then select H-1B petitions using a random lottery selection process for FY 2022.

Selected registrants can expect to be notified by March 31 to submit their full petition.

The application window for full petitions will then open on April 1, 2021.

Selection in the H-1B lottery is not a guarantee that a visa will be granted. Similarly, “submitted” registrations that are not (at least initially) successful in the lottery process are not denied or invalidated, until USCIS has determined the annual H-1B cap has been reached.

Introduction of a wage-based selection process for the H-1B scheme has been postponed until December 31, 2021 and as such will not impact this year’s H-1B cap selection.

US immigration advice

NNU Immigration are a team of London-based US immigration attorneys. We advise employers, entrepreneurs, investors, workers and other non-US nationals on all aspects of travel and settlement in the US, including H-1B petitions, visa sponsorship and NIE waiver applications. Please contact our US immigration specialists for the latest advice for your specific circumstances.

This article does not constitute direct legal advice and is for informational purposes only.

Author

Founder & Principal Attorney Nita Nicole Upadhye is a recognized leader in the field of US business immigration law, (The Legal 500, Chambers & Partners, Who's Who Legal and AILA) and an experienced and trusted advisor to large multinational corporates through to SMEs. She provides strategic immigration advice and specialist application support to corporations and professionals, entrepreneurs, investors, artists, actors and athletes from across the globe to meet their US-bound talent mobility needs.

Nita is an active public speaker, thought leader, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals.

This article does not constitute direct legal advice and is for informational purposes only.

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