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H-1B Registration System Confirmed for FY2021 Lottery

U.S. Citizenship and Immigration Services (USCIS) has confirmed that it will implement the new electronic H-1B registration system for the upcoming cap season. Employers seeking to file cap-subject H-1B petitions will be required to electronically register each candidate for selection in the fiscal year 2021 (FY2021) lottery. The initial electronic registration period will run from March 1, 2020, through March 20, 2020. Assuming that the number of registrations exceed the quota, USCIS will then run the lottery on the electronic submissions. Only those candidates chosen in the lottery will be authorized to have employers submit a full H-1B petition on their behalf to USCIS for adjudication.

The initial registration requires basic information about the employer, the candidate, and the potential position. Employers must pay a $10 registration fee per H-1B candidate. USCIS has said that it will provide additional information about the registration and submission processes as the initial registration period nears. In the unlikely event that the quota is not reached during the initial registration period, USCIS will provide further guidance regarding how employers can submit additional registrations.

© 2020, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., All Rights Reserved.National Law Review, Volume IX, Number 343


About this Author

Andrea C. Davis Employment Immigration Lawyer Ogletree

Andrea is an associate attorney in the Atlanta office of Ogletree Deakins. She focuses her practice on employment-based immigration.

Andrea completed her undergraduate studies at the University of California, Berkeley and received her Juris Doctor from the University of North Carolina School of Law. During her law school career, Andrea gained experience working in the Immigration and Human Rights Clinic, preparing non-immigrant U-visa petitions for victims of violent crimes, and interning in the Health and Public Assistance Section of the North Carolina Department of Justice. She...

Melissa Manna, Ogletree Deakins Law Firm, Raleigh, Immigration Practice Group Writer
Immigration Practice Group Writer

Melissa Manna is an Immigration Practice Group Writer. Her primary focus is writing and editing legal articles relating to immigration for the firm’s online and print publications, websites, and newsletters.

Prior to joining Ogletree Deakins, Melissa spent 9 years as in-house counsel at TowerCo, one of the largest independent wireless tower companies in the U.S., representing the company in all aspects of commercial real estate. During that time she managed due diligence, advised and implemented risk management solutions, and closed transactions valued in the hundreds of millions of dollars.

Before TowerCo, she was an attorney with Alan Gordon Immigration and Naturalization Law in Charlotte, NC, representing large and small companies, investors, entrepreneurs, and families in all stages of the immigration process. She regularly appeared before U.S. Citizenship and Immigration Services to advocate on behalf of clients, as well as the EOIR Immigration Court in Atlanta to defend clients against removal and deportation.

Melissa received her J.D. from Pennsylvania State University, Dickinson School of Law and her B.A. in Journalism from The College of New Jersey. She is licensed by the North Carolina Bar.