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As required under the January 31, 2019 regulation for the new H-1B cap lottery system, US Citizenship and Immigration Services (“USCIS”) has published a formal notice in the Federal Register yesterday, January 9, announcing implementation of the new system.
Implementation involves an online form for consideration under the lottery, where employers must register (paying a $10.00 fee) and submit certain information for each foreign national potential employee they intend to enter in the lottery. While a complete petition need no longer be submitted, substantial information about the case must still be submitted – and so “locked in,” with the electronic lottery submission. Consequently, much of the same case analysis and strategic planning must be completed initial under the new system as in the past just to enter the lottery system.
Unlike in past years, submissions under this new lottery system will take place not in the first five business days of April, but in the first 20 calendar days of March. USCIs has stated an intent to notify employers of the status of lottery submissions no later than March 31. Employers will then have a set period of time to prepare and submit a complete petition package.
As in the past, only one lottery submission may be made per individual foreign national prospective employee under penalty of having all entries for the given employee invalidated. However, also as in years past, employers have no limit on how many foreign national prospective employees can be the subject of lottery entries.
Selections under the new lottery system can be used as a basis for filing a complete petition only for the employee named in the winning entry.