On Monday, USCIS plans to publish notice in the Federal Register formally postponing the H-1B Final Rule modifying the H-1B Cap to a wage-based system until December 31, 2021. As such, the upcoming H-1B Cap will be conducted as usual, using a random lottery system to select candidates for the 85,000 available visas.  This is great news for H-1B employers, as a wage-based system prioritizing the highest wages would disproportionally affect small businesses, particularly during a global pandemic.

USCIS is delaying the implementation of the wage-based system as the Final Rule was only published in January 2021, meaning the Department will not have sufficient time to update the current system to comply with the changes before the start of the FY 2022 H-1B registration period, which will begin in March.  By delaying the effective date of the wage-based Final Rule until December 31, 2021, it is possible the rule may still be modified, withdrawn, or challenged in Court before it becomes effective. Time is now on our side.

ILBSG is currently accepting H-1B registrations for the upcoming FY 2022 H-1B Cap on the MyEsq Portal. If you need help preparing for the upcoming H-1B Cap, please reach out to an ILBSG attorney today.

What to do now?

If you are not yet an ILBSG client, create your MyEsq account here. If you are already an ILBSG client, please login to the MyEsq portal.

Check the H-1B Quota Registrations tab. For adding profiles, please click the new registration button and continue to add profiles, select and continue to pay the applicable registration fees.

Required Information for H-1B Registration in MyEsq portal

Petitioner/Company Information:

  • Legal name of the prospective petitioning company or organization
  • The Doing Business, if applicable
  • Employer identification number (EIN)
  • Primary U.S. office address of the prospective petitioning company
  • Legal name, title, and contact information (daytime phone number and email address) of the authorized signatory

Beneficiary Information:

  • Beneficiary’s legal name
  • Beneficiary’s gender
  • Does the beneficiary have a master’s or higher degree from a U.S. institution of higher education?
  • Beneficiary’s date of birth
  • Beneficiary’s country of birth Beneficiary’s country of citizenship
  • Beneficiary’s passport number

Preparation

Petitioners and Beneficiaries should collaborate and work with their ILBSG team to identify and gather information on prospective H-1B employees.

We will be monitoring all developments on the H-1B registration process and will provide appropriate guidance. If you need help preparing for the upcoming H-1B Cap, please reach out to an ILBSG attorney today.

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