USCIS has announced the registration period will be open from March 9, 2021, to March 25, 2021, and will continue to use a random selection process for this year’s H-1B lottery.

  • March 9: H-1B registration process opens at Noon, Eastern Time;
  • March 25: H-1B registration process closes at Noon, Eastern Time;
  • March 31: Date by which USCIS intends to notify selected registrants; and
  • April 1: Earliest date that FY2022 H-1B cap subject petitions may be filed.

H-1B Cap Selection Process

On January 8, 2021, the Department of Homeland Security (DHS) published a final rule to replaces the current random selection process by which USCIS selects H-1B registrations for filing of H-1B cap-subject petitions. The new system if put into effect will select registrations based on the highest OES prevailing wage level that the offered wage equals or exceeds for the relevant SOC code and area(s) of intended employment. The rule was scheduled to take effect on March 9, 2021 but on February 4, 2021, the DHS posted for public inspection a final rule delaying the effective date of the wage based selection system for H-1B cap-subject petitions until December 31, 2021. This rule will publish in the Federal Register on February 8, 2021. Therefore, the random selection process utilized by USCIS for the FY 2021 cap season will remain in effect for the FY2022 cap season.