Monday, December 9, 2019

NEW H1B REGISTRATION SYSTEM WILL BE IMPLEMENTED THIS MARCH




NEW H1B REGISTRATION SYSTEM WILL BE IMPLEMENTED THIS MARCH
Starting in March, employers who wish to file H-1B petitions for their employees must register each employee / applicant in a lottery to take place before the filing season starts on April 1st.
The initial registration period will open from March 1 through March 20, 2020. During this period, the electronic registration must be submitted by the employer or its authorized representative.
If the number of registrations exceeds the H-1B numerical allocation, a lottery will be conducted between March 20 and March 31, 2020. Only those petitioners who “win the lottery” – in other words are selected in the first group of eligible applicants – will be able to file a cap-subject petition for that candidate.
The H-1B petition will then still need to be found eligible in all respects in order to obtain approval.  
Under current law, no more than 65,000 H-1B visas can be issued each year.  This quota has been used up in the first week of the application process for each of the last 5 years.  So, in the past, applications had to be submitted on April 1st and any applications submitted later were typically not considered.

This new procedure will prevent employers from having to submit applications to CIS, knowing that only approximately one-third will even be considered. 

However, because the lottery is occurring so late (March 20-31st)  it will require many lawyers to have the petitions largely prepared before getting the lottery results. 

For more information on the H-1b visa and the eligibility requirements under the law, go to: https://kpblawfirm.blogspot.com/2019/02/howto-obtain-professional-visa-h-1b-by.html

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