The H-1B visa allows employers to hire foreign nationals to work in many types of professional positions. There are 65,000 new U.S. visas available each year for employees with a bachelor’s degree (or higher) and an additional 20,000 visas for employees with a master’s degree (or higher). Since demand for these visas is typically so high, the Immigration Service (USCIS) uses a lottery system to allocate them. To guarantee entry into the lottery, employers must enter their employees into the H-1B lottery by March 25, 2021, when the initial lottery registration window closes. USCIS will then complete the random selection process, prioritizing the H-1B registrations filed for individuals with a master’s degree or higher, and notify employers of any selected employees by March 31.
After that, employers have 90 days to prepare and submit H-1B petitions on behalf of their “lottery winning” employees. Filing for an H-1B visa requires posting a specific notice on the employer’s premises, followed by certification of a labor condition application by the Department of Labor, all before filing the petition to the Immigration Service.
Be sure to contact attorney Iosif Sorokin at isorokin@larsonking.com or 651-312-6500 if you have any questions about the information above.
