046: Get Ready for H-1B FY2022 Lottery

In this episode of Immigration Law for Tech Startups, I discuss how the upcoming annual H-1B in March 2021 will be different from the last H-1B lottery, as well as what to expect and how to prepare.

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The H-1B lottery will start on March 1, 2021, when U.S. Citizenship and Immigration Services (USCIS) opens the electronic registration process, in which employers register each H-1B candidate for a $10 fee. The registration process remains open until March 20. USCIS will notify employers by March 31, if their H-1B candidate has been selected in the lottery. After that, employers will have 90 days to file an H-1B petition. 

Immigration officials have instituted a flurry of new rules that impact the H-1B process, I recommend you proceed as usual in identifying H-1B candidates and making plans to sponsor them in the March H-1B lottery.

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In this episode, you’ll hear about:

• The H-1B visa’s brief history and how the H-1B lottery came to be
• How many H-1B visas are available each year
• The difference between a cap-subject employer and a cap-exempt employer
• How the H-1B lottery process has changed over the years
• What will be new in the upcoming H-1B lottery in March 2021
• The advantages and drawbacks of the changes to the H-1B process that has occurred during the last few years
• The impact that the Buy American and Hire American executive order had on the H-1B process

Don’t miss my upcoming conversations with top Silicon Valley venture capitalists, startup founders, professors, futurists, and thought leaders on Immigration Law for Tech Startups. Subscribe to this podcast on Apple Podcasts, Google Podcasts, Spotify, Stitcher, or whatever your favorite platform is. As always, we welcome your rating and review of this podcast.

Resources:

All About H-1Bs

Immigration Law for Tech Startups:

• Episode 9: What Makes a Strong H-1B Petition

Alcorn Immigration Law’s services page on:

• H-1B Visa for Specialty Occupations

Register for Alcorn’s Extraordinary Ability Bootcamp to learn the best practices for securing the O-1A visa, EB-1A green card, or the EB-2 NIW (National Interest Waiver) green card—the top options for startup founders. Use promotion code ILTS for 20% off the enrollment fee.

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