H1-B Visa Lottery Cap 2022

Posted by Frank Gogol

There are always new dates for the H1B visa lottery season. Therefore, if you’re planning to apply for an H1B visa soon, it’s important to know the dates. As such, this article can help you out by informing you about the H1B visa lottery cap 2022 so you know what to expect. Let’s get started!

What Is the H1B Lottery Season?

The H1B visa is probably one of the most popular ones. With the benefits it has in store for those who own it, it doesn’t come as a surprise. But because there are way too many people seeking it, there is a limit to how many can actually obtain it every year.

Therefore, every year, the lottery season begins. The term “lottery” is simply there to indicate the random selection part. It’s nothing like the lottery you buy tickets for. Instead, the lottery season represents a random selection process that picks a part of the H1B applicants that will be able to obtain their visa. Thus, the lottery season represents the period during which people are selected for the visa. Out of the large pool of people who want to obtain the visa, only some of them will be able to make it during the lottery season.

The goal of the lottery selection is to choose enough people that will meet the H1B Cap of 65,000 for Regular quota and 20,000 for Master’s quota.

What Is the Timeline for H1B Lottery Season 2022?

News about the timeline of the H1B lottery season 2022 has been offered. Let’s see what the deadlines are.

On March 9th, 2021, the H1B registration process is going to begin. It will start at Noon EST. Attorneys and employers can submit registrations starting from this date. This will be possible until March 25th, 2021, because that’s when the H1B Registration Period closes. It will close at Noon EST. Since this is the deadline, no other registrations can be submitted after this date.

On March 31st, 2021, USCIS is going to reveal the H1B lottery results. The selected H1B registrants will then be notified by USCIS if they managed to get selected in the Lottery. The lottery will only take place as long as there are more registrations than the required 85,000 H1B visa cap.

On April 1st, 2021, you can start filing your H1B petition for the FY 2022 season. It’s the earliest date when you can do so. People who wish to file their petition on this date should have a valid LCA, as well as all the other required documents to submit the full H1B package properly.

The deadline for this is June 30th, 2021. Until then, you can submit your H1B petitions, but this will not be possible any later than that date. There are only 90 days available to submit the H1B registrations starting from April 1st, 2021, which is why all people notified by the USCIS about their H1B lottery selection should file the petition before the deadline.

What Is the Process for the H1B Lottery Season?

Here is how the process for the H1B lottery season will unfold.

H1B Employer Account Online Registration

Any employer who does not have a USCIS account should create one during the last week of February. On the other hand, all employers who already have an account with USCIS will not be required to create a new account. In any case, there should be an existent account for employers.

H1B Registration Submission

From March 9, 2021, and for the next 3 weeks after that, USCIS is going to accept registration for individual applicants. This will be available until March 25, 2021.

Random Lottery Selection

Later, on March 31, 2021, a random lottery selection will take place, which will be conducted by USCIS. The random lottery will be made for the registrations submitted for the master’s quota of 20,000 and the regular cap quota of 65,000.

Receiving the Lottery Results

Applicants who were lucky enough to be selected in the lottery will be notified starting from March 31, 2021, by USCIS. The notifying process will be done through their individual accounts.

Filing a Completed H1B Petition

For 90 days, starting from April 1, 2021, all selected H1B applicants will have to submit a formal and detailed H1B petition. All of this will have to be submitted with LCA, supporting documents, and requisite fees. It is recommended to have everything completed and ready, and then submit it at the earliest date possible.

Premium Processing

If you don’t want to wait too long for the visa processing, you can pay $2,500 and have the benefit of visa processing, which will get the visa adjudicated within 14 business days.

Reverse Pool

People who are not selected will be kept in a reserve pool. If the cap is not met in the first round of the lottery, they will be notified.

Wage Based H1B Selection?

President Joe Biden did something that H1B applicants should be aware of. He pushed the Wage Based Selection of H1B Applicants to December 21, 2021. Usually, this process is used to give the H1B visa to people with the highest salaries. However, in this year’s H1B lottery, it won’t be implemented. The H1B lottery cap for 2021 is expected to start by February 24, 2021.

H1B Filing Fees in 2021

There are some filing fees you have to be aware of. Online registration fees will be $10, and base filing fees will be $460. Then, there’s an AICWA fee that depends on how many employees are in the organization. This fee can be $750/$1,500. A fraud prevention fee will also apply and it will cost $500. Other fees that you should consider are the Public Law Fee of $4,000, and the Premium Processing Fees of $2,500. Lastly, an immigration attorney fee (if outsourced) will be between $500 and $3,000.

Electronic Registration for H1B Visas

An electronic registration process was implemented by USCIS last year for the H1B 2021 season. Therefore, sponsoring employers will have to use an online portal to register their applicants.

Requirements for Online Registration

Here are the details that are asked for the H1B applicant, including the online portal qualification and eligibility:

  • Date of Birth
  • Passport number
  • Name (as noted on the Passport or any other legal ID document)
  • Country of birth and citizenship
  • Gender
  • Verify eligibility for Master’s cap

Results of the Electronic Registration

USCIS will review the registered applicants and then choose the ones eligible to file a formal application and complete H1B cap-subject petition. Then, the registered employers will get a notification regarding the candidate’s selection on their account. As for the primary beneficiaries, they will get a notification either through text messages, email, or their legal representatives.

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It’s essential to be aware of what the H1B visa lottery cap 2022 involves, so you know when to perform certain steps of the process. Make sure you have the documents ready to be submitted, so everything is done as early as possible and you don’t miss the chance to be part of the lottery.

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