H-1B "cap" for 2021 (FY 2022) will be a Random Lottery, as in Prior Years

Last updated: 02/05/2021

On February 4, 2021, USCIS announced that the upcoming H-1B cap registration selection process will be via random lottery, as in prior years. USCIS had previously announced a wage-based selection process. Today’s announcement stated that “to give USCIS more time to develop, test, and implement the modifications to the H-1B registration system and selection process, DHS is delaying the effective date of this final rule from March 9, 2021, to Dec. 31, 2021. The delay will also provide more time for USCIS to train staff and perform public outreach as well as give stakeholders time to adjust to the new rule.”

Again, for the upcoming H-1B cap season, USCIS will apply the current regulations (random selection) to any registration period that takes place before Dec. 31, 2021. On February 5, 2021, USCIS announced that the first registration period for Fiscal Year 2022 will open at 9AM PT / 12 PM ET on March 9 and close at 9AM PT / 12 PM ET on March 25. The random lottery will be conducted following the close of the registration period, and account holders will be notified of selected registrations by March 31, 2021.

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