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H-1B Registration

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Frequently asked questions
H-1B Registration

  • 1. What is the H-1B Registration?

    Registration is the method for USCIS to manage the high volume of H-1B petitions which are subject to a numerical quota every year. This year, we expect registration to be avilable:

    March 9 @ 12:00pm ET - March 25, 2021 @ 12:00pm ET.

    There is no advantage to submitting the registration entry on March 9 compared to later in the registration period.

  • 2. What information has to be included with the registration?

    1. Employer’s legal name, DBA (if applicable), FEIN, contact information

    2. Employee’s name, gender, date and place of birth, passport number

    3. Whether employee has a Master’s degree

  • 3. What are the chances of being selected in the registration lottery?

    In the first year of the registration process, there were 274,000 entries for the combined 65,000 "regular" H-1B visas and 20,000 US master's H-1B visas.

    Factors that may impact this year's numbers:

    * The "Covid economy" has allowed more jobs to be performed remotely, including some traditional H-1B jobs which can now more easily be performed outside the US

    * At the same time, the job market for many H-1B jobs, especially in the technology sector, remains strong

    * There may be pent up demand due to Covid-related visa and travel restrictions

    We anticipate approximately 300,000 entries again this year.

    Out of the 274,000 entries last year, a total of 124,000 selections were made for an overall selection rate of 45%. However, a number of lottery winners chose not to proceed, in large part due to Covid-impacts on business.

    Taking everything into consideration, we predict the chances of being selected if the applicant has a US master's degree between 40% - 50%, while others should expect 15% - 25%.

  • 4. If the entry is selected in the lottery, does that mean that the application is approved?

    No. It means that you will be invited to submit a full petition to the USCIS. You will have at least 90 days to submit the petition, from April 1 until June 30.

  • 5. Does the beneficiary have to possess a US master's degree before March 25?

    No. The entry can be entered into the US master's cap so long as the applicant will complete their US master's degree prior to filing the full petition. This means that a graduation date prior to June 30 should permit a filing under the master's cap.

  • 6. If the entry is selected, is it necessary to file a full petition?

    Yes, except in exceptional circumstances. For example, in 2020 a number of selected entries did not proceed because of Covid-impacts on business which eliminated some jobs before the H-1B could be filed.

  • 7. Can we file more than one entry?

    Only one entry is permitted per employee per unique employer FEIN.

  • 8. Could an individual have more than one potential employer submit an entry?

    Yes, but both the employer and the individual must be intending to proceed with the H-1B petition if selected.

  • 9. Is there a fee to enter the registration system?

    Yes. $10 per entry.

  • 10. What is included in Matten Law's registration service?

    a. We will conduct an initial consultation and assessment. The company and the applicant must complete two short user-friendly online questionnaires which should take no longer than 5 -10 minutes.

    b. Matten Law will make the $10 government fee on behalf of our clients.

    c. Matten Law will assess the chances of approval if the entry is selected in the lottery. We will also advise of alternative options.

    d. The employer acknowledges that they will offer at least the prevailing wage. Note that H-1Bs for wage level I positions have come under close scrutiny the past few years.

    e. Matten Law recommends obtaining a foreign educational equivalency evaluation if the individual’s degree is from a non-US university.

    f. Matten Law recommends a comprehensive assessment of employer-employee relationship and supporting docmentation if the individual will be working for a startup company or at a 3rd party worksite.

    g. The USCIS registration system requires an electronic “hand-shake” with the employer to allow Matten Law to complete the pre-registration on its behalf. An entry is only complete in the USCIS system after the employer completes this hand-shake.

  • 11. Will Matten Law prioritize cases that are eligible for Cap Gap?

    The employer and individual are responsible for providing accurate information about current immigration status, including OPT expiration (if applicable). Matten Law will track this information, which will be used to prioritize case preparation once registration selection results are provided by the USCIS.

  • 12. Can Matten Law guarantee approval if the entry is selected?

    In 2020, we had a 100% success rate. While past results do not guarantee future success, our thorough assessment will flag high risk issues and identify alternative options to increase the chance of success. And in the unlikely chance that your H-1B is denied, we are ready to litigate in federal court to ensure that the government follows its own laws and regulations.

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