Current H-1B lottery season for fiscal year 2023 | Williams Mullen

U.S. Citizenship & Immigration Services (USCIS) has announced that the registration period for this year’s H-1B lottery will begin at noon EST on March 1, 2022 and end at noon EST. , March 18, 2022. All H-1B lottery entries must be submitted online at the USCIS H-1B portal during this time.

The H-1B visa program allows U.S. businesses to employ foreign workers in “specialty occupations.” As in previous years, USCIS will run two lotteries to select enough recipients to reach the annual cap of 85,000. This number includes 20,000 seats reserved for applicants who have earned an advanced degree from a US educational institution.

Employers should quickly identify current and potential employees who need an H-1B visa sponsorship, such as newly graduated foreign students in the United States, foreign workers seeking to begin work in the United States with the H-1B status or foreign nationals present in the United States. in another nonimmigrant status that may benefit from a status change to H-1B. H-1B candidates include, but are not limited to, the following:

  • Recent college and university graduates present in the United States with F-1 student status who are working in optional practical training (OPT) or STEM OPT;
  • Eligible applicants who are currently enrolled in the school in F-1 status and who can work through Curricular Practical Training (CPT);
  • Applicants abroad subject to the annual H-1B ceiling;
  • Applicants with another nonimmigrant status (e.g., L-1B) who are approaching the maximum limits of their status and who would benefit from a status change to H-1B;
  • Applicants currently in H-4 or L-2 status who are working on an Employment Authorization Document (EAD) based on their spouse’s H-1B or L-1 immigration status;
  • Applicants with other nonimmigrant status who work for another employer and would need an H-1B visa to change jobs; Where
  • Applicants in TN, E, or H-1B1 status for whom an employer is considering applying for permanent residency.

Keep in mind that, to be eligible for H-1B status, the job offered must be a position that normally requires a minimum of a bachelor’s degree or its equivalent, and the person must have a bachelor’s degree (or equivalent experience) in the specialty related to the position offered.

Employers who have not yet created a myUSCIS online account to register each beneficiary electronically for the screening process will need to create such an account. Employers will be able to create new accounts starting at noon Eastern Time on February 21, 2022. Our team is ready to help companies navigate the registration process.

After March 18, 2022, USCIS will run its lottery by randomly selecting H-1B enrollees. USCIS will then send selection notifications through users’ myUSCIS online accounts. USCIS intends to notify account holders by March 31, 2022.

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