Additional H-1B registrations for FY 2021 quota
On August 14, 2020, employers started to receive USCIS notifications that additional H-1B cap registrations were being selected in a second FY 2021 lottery.
Since the FY 2021 H-1B quota of 85,000 had not been filled during the initial 90-day filing period between April 1 and June 30, 2020, USCIS is now conducting a second drawing.
It is not, however, clear how many new registrations are being selected in this latest round.
Employers do not have to take any action to be included in the second lottery.
Selections will be made from those H-1B registrations originally filed during the March 2020 registration period but were not selected in the initial draw.
Selection second time round
Employers with registrations successful in the follow-up lottery (or their nominated legal representatives) will be contacted by email by USCIS.
The notification will advise that action has been taken on the case and to log into the H-1B cap registration system for confirmation of status.
The online portal is used to show the case status as one of the following:
Selected: Selected to file an FY 2021 H-1B cap-subject petition.
Denied: Where there are multiple registrations on a beneficiary’s behalf, they will all be marked as invalid for that fiscal year.
Not Selected: Not selected for this fiscal year. If not selected, the petitioning employer will be notified at the end of the fiscal year.
If selected, employers are required to print the selection notice and include this when filing the cap petition.
Petitioning employers with H-1B registrations selected in the second lottery have until November 16, 2020, to submit their final petitions for newly-selected registrations.
Note that premium processing has been offered only to the those who were elected in the initial round.
US immigration advice
NNU Immigration are specialist US immigration attorneys based in London.
Our experts can support you with all aspects of US immigration, from selecting the appropriate route, such as the H-1B visa, to guidance through the petitioning process.
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.
Last updated: August 26, 2020