H-1B Cap Season Timelines

As we are in the back end of this year’s H-1B work visa “cap” registration season (registration ends at noon ET on March 25th), we wanted to provide a reminder for the remaining steps and timelines for this year’s H-1B cap season. As a reminder, the H-1B cap season this year has (1) registration period, (2) lottery/selection and (3) H-1B cap petition submission stages.

Registration Window (Closes noon ET March 25th)

All petitioners seeking to file a new cap H-1B will have to submit an online registration for each beneficiary between March 9st and noon ET on March 25th. We do not recommend waiting until the last day to submit lottery registration entry to avoid last-minute website crashes, etc.

Lottery/Selection Process (by March 31st)

Once the registration closes on March 25th, USCIS will conduct the random lottery to allocate the available total of 85,000 work visas among the applicants. We are anticipating that the H-1B cap will be oversubscribed and USCIS will use a random lottery to allocate the visas. The lottery is expected to be completed by March 31st and selected registrants will be notified through their attorneys or the myUSCIS website.

H-1B Cap Petition Submission (Up to 3 Months After Selection)

Selected H-1B cap cases will be given up to three months to prepare and submit a full H-1B cap petition with USCIS. Cap registrations which were not selected under the random lottery will automatically be placed in a wait-list.

Waitlist Secondary Selection (July or later)

According to USCIS, selected H-1B cap registrations which did not file an H-1B petition within the 3-month period will be then allocated among the wait-listed (non-selected) registrations. As a result, it is possible that an H-1B registration which was not selected in March to be selected and invited to submit an H-1B petition later in the summer, likely around July or August.

Conclusion

With the H-1B cap filing process changed substantially this year, we urge H-1B employers to start the preparation process early and to be ready and anticipate the next stages in the process.

If you wish to start a new H-1B work visa petition under this year’s quota, or if our office can be of any help, please contact us as soon as possible or submit our H-1B cap contact form.  Our attorneys and professionals stand ready to review your case, as part of our free initial consultation, and will help you prepare a strong H-1B application. Also, we invite you to subscribe to our free weekly newsletter to obtain further news and developments on this topic.