Now is the Time to Prepare for the H-1B Cap Season

by David H. Nachman, Esq., Ludka Zimovcak, Esq., Snehal Batra, Esq. and Samantha Chasworth, Esq.

The H-1B nonimmigrant professional and specialty occupation work visas allow foreign nationals to acquire temporary work visas in the US based on a bachelor’s or equivalent degree from a US institution. These are among the most in-demand visas for non-immigrants because they are only limited to individuals in specialized fields. The H-1B employment visa process has a start date of October 1st every year, in which 85,000 visas are rolled out; however, the applications far exceed the limited quota.

H-1B Pre-Registration for March 2022

The H-1B is an employer-sponsored visa, requiring the employer to apply for authorization. The USCIS generally rolls out approved H-1Bs several months before the new fiscal year. However, since 2020, the USCIS has initiated a pre-registration period that allows the employers to access and file petitions starting in early March. This new regulation was implemented to deal with the extraordinary numbers of petitions submitted against a limited number of visas available.

The USCIS has announced that the H-1B visa applications for FY-2022 will likely be available through the registration process in early March, and the registration period ending in late-March. Out of 85,000 applications, 20,000 are pre-allocated for U.S. Master’s degree holders. Therefore, whether you’re an employer of a Bachelor’s or a Master’s degree holder, now is the time for you to start preparing for the H-1B Registration process to avoid missing out on the H-1B visa lottery.

You can apply online for the H-1B registration. You must submit only one registration per foreign national. Multiple registrations by the same employer will lead to disqualification. However, the foreign national you applied for can submit another H-1B registration with a different employer.

Exemptions from the H-1B Cap

If you are an organization seeking the prospective employment of an H-1B nonimmigrant, you don’t need to go through the process under certain circumstances. Organizations that can offer cap-exempt H-1B nonimmigrant Visas include:

• Government research organizations
• Non-profit research organizations
• Higher education institutions

The H-1B Pre-registration cap season is just around the corner, and if you are a US-based employer looking to employ a foreign national as a professional and specialty occupation worker for an initial three (3) year period with an additional three (3) year extension, this is the time to start preparing to claim your spot against the slim chances.

If you have any questions about how these immigration and nationality laws in the United States may impact you or your family or want to access additional information about United States or Canadian immigration and nationality laws, please feel free to get in touch with the immigration and nationality lawyers at NPZ Law Group. You can send us an email at info@visaserve.com, or you can call us at 201-670-0006 extension 104. In addition, we invite you to find more information on our website at www.visaserve.com


About The Author

David H. Nachman, Esq. is one of the Managing Attorneys at the Nachman Phulwani Zimovcak (NPZ) Law Group, P.C., a pre-eminent International Immigration and Nationality Law Firm dedicated to providing a wide array of business and family immigration law services for skilled U.S.-and Canada-bound workers. The Attorneys in our Law Firm assist clients with waivers, marriage cases, citizenship applications, I-130 sponsorship for family, etc.


Ludka Zimovcak, Esq. is a Managing Attorney at NPZ Law Group, PC. Mrs. Zimovcak's passion for excellence in immigration law derives from her own family's first-hand immigration experiences. She is fully licensed to practice as an Attorney in Slovakia and New York.


Snehal Batra, Esq. is Managing Attorney of our Raritan, NJ office at the Nachman Phulwani Zimovcak (NPZ) Law Group, P.C., a pre-eminent International Immigration and Nationality Law Firm dedicated to providing a wide array of business and family immigration law services for skilled U.S.-and Canada-bound workers. Ms. Batra is an Indian-American attorney with a passion for immigration law which derives from being an immigrant herself. Having been born in India and raised in New Jersey, Ms. Batra understands firsthand the many difficulties and challenges that immigrants commonly experience while engaged in the U.S. immigration process. As such, she is eager to help families, businesses and individual immigrants to realize the American dream.


Samantha Chasworth, Esq. is Counsel at the Nachman Phulwani Zimovcak (NPZ) Law Group, P.C., a pre-eminent International Immigration and Nationality Law Firm dedicated to providing a wide array of business and family immigration law services for skilled U.S.-and Canada-bound workers. Ms. Chasworth earned a Juris Doctorate (JD) from the St. John's University School of Law in Queens, New York, where she was an editor on the Journal of Civil Rights and Economic Development and participated in numerous immigration and family law clinics and internships including time at the US-Mexico Border at the Karnes County Civil Detention Center.


The opinions expressed in this article do not necessarily reflect the opinion of ILW.COM.