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H-1B Lottery FY2023- Frequently Asked Questions

 

  1. What is the H-1B lottery and how do I apply?

An H-1B visa is a temporary form of work authorization and is available for those who intend to work in a specialty occupation.  A specialty occupation position is one that requires the theoretical and practical application of a body of highly specialized knowledge and the attainment of a bachelor’s degree as the minimum requirement.

Each fiscal year there are 85,000 visas available, 65,000 for those with a bachelor’s degree and 20,000 for those with a master’s degree and above.  This is an employer-sponsored visa and requires the Employer to submit an online registration online for each applicant during the applicable registration period.

 

  1. When is the registration period?

The registration period will run from March 1 through March 18, 2022.

 

  1. When will I be notified if my case is selected in the H-1B lottery?

U.S. Citizenship & Immigration Services (USCIS) has indicated that they will inform employers/ authorized representatives by no later than March 31, 2022.  Employers/ authorized representatives will receive an electronic notification that a case has been selected.

 

  1. What is the fee for submitting an Electronic Registration?

USCIS is charging $10.00 per registration.

 

  1. Can the Beneficiary pay the Electronic Registration fee, or must this be paid by the Employer?

The registration fee must be paid by the Employer.

 

  1. What website does USCIS use for the Electronic Registration process?

USCIS uses the “myUSCIS online” portal to host the electronic registration process.

 

  1. What information is required for the Electronic Registration?

The electronic registration requests basic information about the petitioning organization, the organization’s signatory and information about the beneficiary such as name, date of birth, country of birth and passport number. It does not ask for any information regarding the offered position such as job title, minimum requirements, wages or job location.

 

  1. Is an attestation required as part of the Electronic Registration process?

Yes, the petitioning organization is required to certify under penalty of perjury that all of the information submitted is correct and, if selected, that the petitioning organization will submit an H-1B petition on behalf of the named beneficiary.  By providing this attestation, petitioning organizations are confirming to USCIS that they have a bona-fide job opportunity available for the beneficiary in question and intend to file a petition.

 

  1. Will there be any consequences for petitioning organizations that file a registration but later choose not to submit a petition?

Employers who demonstrate a pattern and practice of submitting registrations, but who do not file petitions following selection, could be subject to monetary fines or criminal penalties.  It is therefore critical that Employers only submit online registrations for candidates who they intend to file a completed application for.

 

  1. Can employers file more than one registration for an applicant, for example, if they have more than one company?

No.  If more than one registration is filed for an applicant, it would provide that individual with an unfair advantage.  If companies with common ownership or companies with no common ownership, that are working in concert with one another, file multiple registrations, these will be rejected/denied if this fact comes to the attention of USCIS.  Employers found to have filed multiple registrations for the same individual may be barred from filing registrations in the future.

 

  • Will a Labor Condition Application be required as part of the registration process?

No, an LCA is not required as part of the registration process, however, some employers may elect to file an LCA at the time of submitting the electronic registration so that once they receive notification that the case has been selected, they can then move more quickly to filing the petition with USCIS.  Those who choose not to file an LCA upfront will have to wait at least 7-10 days after selection until the LCA is certified before they can file.  Those filing early based on a previously filed LCA are likely to experience faster adjudication times compared to those who wait to file the LCA after being notified of the selection.

 

  • When can selected applicants start filing petitions?

Selected applicants should be able to start filing petitions on April 1, 2022.  Those who have elected not to file an LCA before-hand will have to wait until the LCA is certified prior to filing.

 

  • How long does an Employer have to file a registration once they are notified that an applicant has been selected?

USCIS provides a 3- month filing window to file the petition from April 1 until June 30.

 

  • Will a G-28 be required if the Electronic Registration is submitted by an Attorney?

Yes, all Attorneys submitting electronic registrations on behalf of their clients will need to submit a properly completed G-28 form via the online portal.

 

  • Will premium processing be available for FY 2023 cap-subject petitions?

USCIS has not yet said whether they will allow premium processing for cap-subject petitions this year.  However, based on last year it is anticipated that premium processing will be available.

 

If you have questions regarding the H-1B lottery or the electronic registration please contact t PLG Partner at cprescott@patellegal.com

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