September 22, 2020

Volume X, Number 266

September 22, 2020

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September 21, 2020

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H-1B Cap Season

USCIS has confirmed they will open the new H-1B Lottery pre-registration portal on March 1, 2020. The H-1B visa is available to companies wishing to hire a foreign worker to fill a “specialty occupation” which is defined as a position that requires “(a) theoretical and practical application of a body of highly specialized knowledge and (b) attainment of a bachelor’s or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States.”

The pre-registration portal will close on March 20, after which the regulatory allotment of 65,000 H-1B petitions and 20,000 advanced degree exceptions cases will be selected via lottery for processing.  Applicants selected will then be notified of the 90 day filing window to submit the full H-1B petition.

While the pre-registration process will simplify some of the front-end paperwork required to submit an H-1B cap case, we encourage employers to start now identifying the employees who need H-1B sponsorship to allow for proper vetting of H-1B applicants and positions prior to submission in the pre-registration portal. 

Suggestions for Employers

  • Review hiring needs and current employment rosters to identify those employees who will need H-1B work authorization for continued employment. 

  • Identify employees who are currently employed on F-1 OPT or CPT authorization, or other classification (such as L-1, TN, H-4 EAD) and determine if the company intends to employ them beyond the current work authorization expiration.

  • Determine anticipated job titles, job duties, work location and rate of pay.

  • Notify your immigration attorney with the list of employees the company wishes to sponsor for evaluation of qualifications for H-1B status.

© Polsinelli PC, Polsinelli LLP in CaliforniaNational Law Review, Volume X, Number 30


About this Author

Raazia (Roz) K. Hall Shareholder Immigration and Global Mobility Immigration Compliance Services U.S. Immigration Labor and Employment

Raazia (Roz) K. Hall has over 20 years of experience practicing corporate immigration law.   Working with multinational and domestic companies regarding employment-based immigration matters, she assists clients to develop immigration strategic plans, secure visas and permanent residency status for key employees, and help companies comply with immigration laws and requirements governing its global workforce.

Roz frequently counsels clients during corporate restructuring, providing immigration due diligence during mergers, acquisitions, divestures and joint ventures.  Her...