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What An Employer Needs To Do If Not Filing A Cap-Subject H-1B Petition For The Registration Selected In The FY2021 H-1B Visa Lottery

In this year’s H-1B Visa Lottery 85,000 registrations were selected in the initial lottery. From April 1, 2020, to June 30, 2020, the USCIS allotted petitioners 90-day filing window to submit an FY2021 H-1B cap subject petition. Accordingly, if a petitioner has still not filed the H-1B petition for the selected lottery, the last date to submit the H-1B petition to the USCIS for the cap-subject petitions is June 30, 2020.


But due to recent upheaval caused by COVID-19, some petitioners are not doing well financially, therefore, some petitioners may not be filing H-1B petitions for every H-1B registration selected in the FY2021 H-1B visa lottery. For those cases, USCIS has suggested in the Question and Answers section of its H-1B electronic registration process webpage that the employer retain documentation evidencing the reason for non-filing and present it to USCIS if questioned.


Also, as per the USCIS on reassigning the selected visa number if not used to another H-1B registrant “In the event that USCIS determines that it needs to increase the number of registrations projected to meet the H-1B regular cap or the advanced degree exemption allocation, USCIS will select from registrations held in reserve to meet the H-1B regular cap or advanced degree exemption allocation.”

Lastest Article on the New H-1B Electronic Registration Process:

  1. (Date of Publication: April 1, 2020)


This article aims to provide new information concerning new H-1B electronic registration process. This article, under no circumstances, acts as legal advice; therefore, for any further case-specific question, please contact your attorney or the Ahluwalia Law Offices, P.C. (Team ALO).


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