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H-1B Registration 2021: Question and Answers

By February 15, 2021May 20th, 2021H-1B and E-3 Visa, Immigration
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H-1B visa is a non-immigrant visa that permits a company to hire workers in specialty occupations.  This visa category requires that the beneficiary (the foreign worker) have a bachelor’s degree, and the petitioner (the U.S. company) can employ the worker for up to six years.

When will I be able to file the registration?

The registration window this year will be from March 9, 2021 (at 12 PM EST) until March 25, 2021 (at 12 PM EST).

When will I know whether my H-1B registration was selected in the lottery?

USCIS should notify the selected H-1B petitioners by March 31, 2021.

What if I miss the registration deadline? When can I file the H-B registration next?

Unless you are a cap exempt employer, you would have to wait to file the registration until March 2022.

Does the fact that my H-1B registration was selected mean that it will also be approved?

No. If your H-1B registration is selected in the lottery, that will give you an opportunity to file an H-1B petition with USCIS. USCIS will then make a decision on whether it approves/denies the petition.

When will I have to submit the H-1B petition to USCIS?

Last year, the selected H-1B petitioners could file the H-1B petition from April 1, 2020 – June 30, 2020.

We think that the filing window this year should be the same, but USCIS has not officially confirmed it yet.

Can the H-1B prospective employee file the H-1B registration?

No. The H-1B employee cannot file the H-B registration. The H-1B employee will have to find a U.S. company that will want to sponsor the worker for an H-1B visa and the U.S. employer will have to file the registration.

Can an attorney submit the H-1B registration or does the employer have to do it?

An attorney can submit the H-1B registration on the employer’s behalf. Please note that the H-B employer will still have to create an account on USCIS account, review the H-1B registration, and confirm that everything on the H-B registration is correct and accurate.

How much does it cost to file the H-1B registration?

The government fee for the H-1B registration is $10.

How many registrations were submitted last year?

Last year, around 285,000 registration were submitted in the H-1B lottery. Every year, USCIS selects 65,000 regular cap petitions and 20,000 Master’s cap petitions.

How will I know to which Service Center to file the H-1B petition?

The H-1B registration notice will have an address on it that will indicate where you should mail the H-1B petition.

Can I submit duplicate H-1B registrations for the same employee?

No. If you submit a duplicate H-1B registration for the same employee, the Beneficiary will be removed from the selection process and will loose the chance to be selected. Do not submit a duplicate H-1B registration for the same H-1B employee.

What if I later decide that I don’t want to sponsor the H-1B employee? Should I notify USCIS?

You don’t have to notify USCIS but you should retain documents explaining why you did not file the H-1B petition in case USCIS reaches out to you and asks about this.

Can two different U.S. companies (that are not related entities) file an H-B registration on behalf of the employee?

Yes. If the two U.S. companies are not related, each can file an H-1B registration for the prospective employee and these would not be considered to be duplicates.

Do I have to list detailed information about the H-1B position in the H-1B registration such as employee’s salary or job duties)?

No. The H-1B registration will only include very basic information about the sponsoring U.S. company and about the prospective employee.

For the employer it would be basic information such as for example the name of the company, EIN, primary office address & info about the authorized individual who would be filing/approving the H-1B registration.

For the H-1B employee, it would be information such as name, gender, date of birth, country of nationality, passport number, or whether the employee is eligible for the Master’s cap.

Please note that this was the information that had to be filled out last year, but we expect that similar information should be filled out this year.

Please read our blog post about the H-1B application process if your registration gets selected in the lottery when you click here.

Please click here to read our H-1B Questions and Answers blog post.

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