USCIS Runs a Second H-1B Lottery: FY 2021
Updated: Jan 20, 2021
USCIS started sending out selection notices on August 14, 2020 as a result of the second lottery that they ran for Fiscal Year (FY) 2021 that starts October 01, 2020.
USCIS ran the second lottery because the FY 2021 H-1B quota/cap of 85,000 was not met. USCIS did not receive enough petitions to fill the quota during the initial period that ran from April 01, 2020 through June 30, 2020.
Do I need to take any action for my employees?
No, the employers don't need to take any action for their employees to be included in the lottery. The second lottery is for employees who were not picked in the first round.
How would I know if my employee was selected?
Employers whose employee/s are selected in the second round will receive an email from USCIS indicating that action has been taken on their case. The employer or its immigration attorney can log into the USCIS system to print out a notice of action. This notice must be included in the petition that the employer files for their employee.
My employee was selected, by when do I have to file the petition?
Employers whose employee/s were selected during the second run will have to file the petition/s between August 17, 2020 though November 16, 2020.
Would there be a third lottery?
USCIS hasn't yet announced how many additional registrations have been picked in the second run. The agency is expected to issue an official announcement that may disclose many H-1B slots still remain available.
WayLit is closely monitoring the developments on FY 2021 H-1B Lottery and will provide more information as it becomes available.
Content in this publication is not intended as legal advice, nor should it be relied on as such. For additional information on the issues discussed, consult a WayLit-affiliated attorney or another qualified professional.