In January of this year, we posted an article discussing the rapid implementation of the Department of Homeland Security’s January 8, 2021, Final Rule. The Rule intended to convert the H-1B lottery system from a purely random selection process to one that prioritizes higher-wage individuals.
The Final Rule was set to go into effect on March 9, 2021: the same-day registration opens for the 2022 Fiscal Year H-1B lottery. With only two months between publication and implementation, our prior article noted that employers should carefully consider this new process. Employers could, in theory, increase the odds of selection by raising the wages they planned to pay H-1B employees, but might need to make some quick budgeting decisions. It appears, however, that any scramble brought on by the expected implementation of the new process may have been for naught.
Under the newly-seated administration, the Department of Homeland Security has issued a Rule (86 FR 8543) delaying implementation of the changes to the lottery process until December 31, 2021. This delay means that the FY 2022 lottery will be conducted as it was for FY 2021: employers may register potential H-1B cap-subject beneficiaries between March 9 and March 25, 2021. USCIS will randomly select registrants who should be notified of their selection on or around March 31. USCIS will then begin accepting petitions filed on behalf of selected beneficiaries on April 1, 2021.
As of now, it appears the new process will be in place for FY 2023 H-1B applications.
Additional information can be found in the Federal Register notice.
Pittsburgh Immigration Attorneys
Immigration is a complex area of the law, with frequently changing rulings. The attorneys in our Immigration Practice Group assist corporations, individuals and families with their immigration law needs. If you have questions about the H-1B lottery process please contact Blair Preiser at (724) 776-8000 or by emailing firstname.lastname@example.org.