Blog by Pasricha & Patel, LLC

USCIS Conducts Second Round of H-1B Lottery to Select Additional Fiscal Year 2021 Quota Cases

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Pasricha & Patel

Starting on August 14, 2020, employers and legal representatives have begun to receive e-mail notifications from the USCIS regarding the second round of H-1B lottery selection for the Fiscal Year 2021 H-1B cap. These cases have been selected from the same H-1B registrations that were initially submitted during the March 2020 H-1B cap registration window, but were not selected in that initial lottery process.

It is likely that the reason this second round of H1B selection is being undertaken because the USCIS may not have received enough H-1B cap petitions to fill the initial quota of 85,000 cases.

Based on the H-1B selection notices, the USCIS has set a new filing period of August 17, 2020 to November 16, 2020 for these second round H-1B selection cases. And a reminder, the employer needs to make sure that the H-1B and Labor Condition Application (LCA) start date should still be October 1, 2020, which is the start of the fiscal year 2021.

So far, the USCIS has not made any formal announcements about this second round of H-1B case selections. In fact, there are unconfirmed reports that the USCIS has already finished conducting this second round lottery. There
is no new information about how many of these additional cases were selected in the second round lottery, and we hope to have more information from the USCIS about the exact figures that were selected in this second round in the coming days.

Due to these ever changing news and developments, we do suggest readers to continue to check back with our website for any further updates about this H-1B process. And should you have any further questions or specific issues that you wish to discuss with our office, we suggest you contact our office to schedule consultation for further clarification and assistance.