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United States – Second H-1B Lottery Conducted for FY2021

US – Second H-1B Lottery Conducted for FY2021

U.S. Citizenship and Immigration Services (USCIS) on August 14, 2020, began contacting employers via email about registrations that were selected in a second H-1B cap lottery that was recently conducted for the 2021 fiscal year (FY). Selection notices were also posted to employers’ H-1B cap registration systems. Additional H-1B registrations were selected because the initial filing period of April 1, 2020 to June 30, 2020 did not yield enough H-1B cap petitions to meet the annual quota of 85,000. USCIS has not yet confirmed the number of registrations selected in the second lottery.

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On August 14, 2020, U.S. Citizenship and Immigration Services (USCIS) began contacting employers via email about registrations that were selected in a second H-1B cap lottery that was recently conducted for the 2021 fiscal year (FY). Selection notices were also posted to employers’ H-1B cap registration systems.

Additional H-1B registrations were selected because the initial filing period of April 1, 2020 to June 30, 2020 did not yield enough H-1B cap petitions to meet the annual quota of 85,000. USCIS has not yet confirmed the number of registrations selected in the second lottery.

Petitions for newly selected H-1B registrations may be filed with USCIS between August 17, 2020 and November 16, 2020. 

WHY THIS MATTERS

Employers who submitted registrations that were not selected in the first lottery for the FY2021 H-1B cap should be aware that these registrations may be chosen in the second lottery. No action is required for previously unselected registrations to be eligible for the second draw.

The additional chance to be selected in the FY2021 H-1B cap lottery is good news for thousands of potential H-1B beneficiaries. 

KPMG NOTE

Employers with newly selected registrations are encouraged to work with immigration counsel to ensure that H-1B cap petitions are filed within the deadline and to the correct USCIS Service Center. Petitioners are also encouraged to file new H-1B cap petitions with USCIS before the filing fee increases from $460 to $555 on October 2, 2020.  See GMS Flash Alert 2020-345 (August 7, 2020) for additional details regarding the upcoming fee changes.

KPMG Law LLP will track this matter closely. We will keep readers of GMS Flash Alert informed of any new developments as and when they occur. 

* Please note that KPMG LLP (U.S.) does not provide any immigration or labor law services.  However, KPMG Law LLP in Canada can assist clients with U.S. immigration and labor matters. 

 

The information contained in this newsletter was submitted by the KPMG International member firm in Canada. 

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Flash Alert is an Global Mobility Services publication of KPMG LLPs Washington National Tax practice. The KPMG logo and name are trademarks of KPMG International. KPMG International is a Swiss cooperative that serves as a coordinating entity for a network of independent member firms. KPMG International provides no audit or other client services. Such services are provided solely by member firms in their respective geographic areas. KPMG International and its member firms are legally distinct and separate entities. They are not and nothing contained herein shall be construed to place these entities in the relationship of parents, subsidiaries, agents, partners, or joint venturers. No member firm has any authority (actual, apparent, implied or otherwise) to obligate or bind KPMG International or any member firm in any manner whatsoever. The information contained in herein is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavor to provide accurate and timely information, there can be no guarantee that such information is accurate as of the date it is received or that it will continue to be accurate in the future. No one should act on such information without appropriate professional advice after a thorough examination of the particular situation.

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