Today, August, 14, 2020, USCIS conducted a second H-1B Cap Lottery/Random Selection (H-1B Lottery) for FY2021 to utilize the unused H-1B visa numbers.

The first H-1B Lottery was conducted toward the end of March 2020 and submitted Registrations were put in “Selected” and “Submitted” status. Selected Registrations during the first H-1B Lottery were given a 90-day window (i.e. until June 30, 2020) to file a complete H-1B Cap Petition.

Since some employers chose not to file H-1B Cap Petition(s) based on previously selected Registrations; USCIS conducted an unprecedented second H-1B Lottery for FY2021 to utilize the unused visa numbers. It has started uploading Registration Selection Notices to Access USCIS Online Services Accounts. Employers and their legal representatives, if any, should login and check the case status for each Registration previously marked as in “Submitted” status.

USCIS is providing another 90-day window to file H-1B Cap Petitions based on Registrations selected in this second H-1B Lottery. Specifically, Employers need to file H-1B Cap Petitions between August 17, 2020 to November 16, 2020.

We advise employers to check their USCIS Online Services Account for at least the next week to check on the status of each Registration in “Submitted” status in case the data entry and receipt notice generation by USCIS gets delayed because of the COVID-19 pandemic, as it did in March.

About The Author

Rabindra (Rabi) Singh is the Founding Partner of HSD Immigration, LLC. From individuals to startups to multinational corporations, Rabi has advised clients in a variety of industries, with a focus on the information technology and financial services industries. His work focuses on complex employment- and family-based immigration matters. Rabi can be contacted at:

Scott Girard, one of the Founding Partners at HSD Immigration, LLC, is located in the firm’s Lenexa, KS, office. He has advanced knowledge and experience in removal defense and immigration litigation. He also has experience with family-based immigration, humanitarian relief, naturalization, and business immigration cases. Scott can be reached at:

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