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Immigration Petitions Legal Update

Employers Take Note: H-1B Visa Lottery Deadline is March 25, 2021

  • 02/11/2021

The H-1B visa allows employers to hire foreign nationals to work in many types of professional positions. There are 65,000 new U.S. visas available each year for employees with a bachelor’s degree (or higher) and an additional 20,000 visas for employees with a master’s degree (or higher). Since demand for these visas is typically so high, the Immigration Service (USCIS) uses a lottery system to allocate them. To guarantee entry into the lottery, employers must enter their employees into the H-1B lottery by March 25, 2021, when the initial lottery registration window closes. USCIS will then complete the random selection process, prioritizing the H-1B registrations filed for individuals with a master’s degree or higher, and notify employers of any selected employees by March 31.

After that, employers have 90 days to prepare and submit H-1B petitions on behalf of their “lottery winning” employees. Filing for an H-1B visa requires posting a specific notice on the employer’s premises, followed by certification of a labor condition application by the Department of Labor, all before filing the petition to the Immigration Service.

Be sure to contact attorney Iosif Sorokin at isorokin@larsonking.com or 651-312-6500 if you have any questions about the information above.

ATTORNEYS

Iosif V. Sorokin

Immigration Law

LARSON • KING, LLP

30 East Seventh Street, Suite 2800
Saint Paul, MN 55101

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