What Employers Need to Know about the Upcoming H-1B Lottery

It is time for employers to prepare for the first H-1B lottery under the Biden administration. The following outlines what employers need to know, what changes to expect, and what will remain the same.

• United States Citizenship and Immigration Services (USCIS) will conduct the lottery in its traditional form, with beneficiaries holding a master’s degrees receiving a slightly higher chance of selection.
• USCIS will not implement the final rule announced by the Trump administration, which would have prioritized applications offering the highest wages.
• Despite a new administration, USCIS will maintain the registration system established under former President Trump.
• The initial registration period this year will open at noon Eastern Time (ET) on March 9, 2021, and will close at noon ET on March 25, 2021. Representatives and registrants must wait until March 9 to create and complete H-1B registrations.
• USCIS will notify selected registrants by March 31, 2021.
• USCIS will continue to refuse duplicate registrations or registrations where the payment method was declined, not reconciled, or otherwise invalid.

Companies with employees seeking H-1B sponsorship should consult with immigration counsel to prepare in advance for the 2021 H-1B lottery.