H-1B Visa Lottery Update: New Preregistration Process For 2020

On Dec. 6, 2019, U.S. Citizenship and Immigration Services (USCIS) announced that it will implement a new preregistration process for the H-1B visa cap lottery in 2020. BakerHostetler previously addressed this development in 2019. The new system, which will go live in early 2020, will reduce the initial burden on employers seeking to sponsor new H-1B employees, but it will also raise important new issues.

The number of new H-1B visas issued each year is capped at just 85,000, except for certain H-1B petitions that are exempt from the cap. Historically, USCIS required employers to file complete H-1B cap-subject petitions, including filing fees and supporting evidence, during the first week of April. If more than 85,000 H-1B petitions were filed during the first week – which has been the trend since 2013 – USCIS conducted a random lottery to select the H-1B petitions to adjudicate. In the past several years, less than 45% of candidates were selected in the lottery.