In 2020, USCIS is introducing a new electronic H-1B registration system to apply for the 65,000 H-1B visas available by law in the annual “H-1B lottery.” In the past, “petitioner” employers had to submit complete paper H-1B applications starting April 1. In most years hundreds of thousands were submitted and the quota was quickly reached; last year USCIS received 201,011 H-1B petitions during the filing period. Then USCIS chose a limited number randomly and returned those not chosen. This process was inefficient and wasteful, and created a great deal of uncertainty for employers and employees.
USCIS will start a new registration process for H‑1B cap-subject petitions for FY2021. From March 1 – March 20, 2020 petitioning employers will submit basic information online for each prospective employee and a $10 fee. USCIS will randomly select those eligible to submit complete petitions and will electronically notify those selected. Those selected can then file a complete cap-subject petition and fees for the foreign national named in the registration. USCIS will also select an additional number of registrants projected as needed to reach the 20,000 advanced degree exemption.
Selection in the registration process in no way guarantees the H-1B petition will be approved; USCIS has significantly decreased the number of approvals in recent years. Selection in the registration process means only that the petitioner is allowed to submit a petition.
Note: This process applies to those petitioners who are subject to the numerical limitations or “cap” on H-1B visas. Many petitioners are not subject to this cap; including prospective employers/employees at
-
- institutions of higher education,
- nonprofit entities related to or affiliated with an institution of higher education,
- nonprofit research organizations, and
- governmental research organizations.
H-1B petitions for those not subject to the cap, or “cap-exempt” can submit petitions at any time of year.
How does this new registration process affect students on OPT and “cap-gap” provisions? The “cap-gap” is the period of time, normally several months, starting when an F-1 student’s status and work authorization expire and ending on the start date of their approved H-1B employment period. The cap-gap problem arises because an employer can’t file an H-1B cap-subject petition before April 1. If approved, the earliest date the student can start the H-1B employment is October 1 of the same year, which can leave a gap during which the student is not authorized to work. This cap-gap regulation authorizes the student to work during that period as long as all relevant rules are followed.
H-1B cap-gap benefits apply upon filing the H-1B cap petition, not the H-1B electronic registration. Therefore, the registration process does not change the cap-gap rules.
