Seyfarth Synopsis
: Employers should identify as soon as possible any current employees and employment candidates who may require H-1B work permit sponsorship before October 1, 2021, given that it is anticipated USCIS will again receive H-1B registrations far in excess of the annual quota, resulting in a random lottery-type selection process.
This Legal Update is intended to enable employers to identify any current employees and employment candidates who may require H-1B work permit sponsorship before October 1, 2021. We recommend that employers identify any such candidates as soon as possible.
In last year’s H-1B cap (FY 2021), USCIS implemented an electronic registration system for all cap-subject H-1B petitions. The initial registration period ran run from March 1, 2020 until March 20, 2020, followed by a lottery, and then a 90-day filing window for selected registrants. It is expected that USCIS will implement the electronic registration period for this year’s cap (FY 2022