The registration process for the H-1B FY2022 lottery begins shortly and we have some tips and general guidelines for those looking to file this year. Our office is happy to assist you with these filings at no charge (except the $10 registration fee charged by USCIS).


  1. Registration Period is from March 09th to March 25th
  • The registration process will take place between March 09 and March 25. All registrations must be filed within this timeframe and you must file a registration for each H-1B candidate you wish to sponsor for this year’s cap. Registrations for this year’s cap will not be considered beyond March 25. We strongly suggest you send us this information as soon as possible.


    • The sponsoring entity’s legal name (& DBA name) and FEIN
    • The name and position title of the sponsoring entity’s signatory
    • A full copy of the H-1B candidate’s passport (which we can use to get their biographic information);
    • Full copies of the H-1B candidate’s education documents (diplomas and transcripts – for candidates with unrelated degrees please also provide resumes and detailed letters of experience – see discussion below);
    • The H-1B candidate’s current address; and
    • The H-1B candidate’s position title, job duties, salary and work location.


  1. Registrations are Specific to the Individual and Non-Transferrable
  • You must file a separate registration for each potential H-1B candidate. These registrations are candidate-specific, meaning that you cannot change your mind later and use a registration for anyone but that person.


  1. You May Only File One Registration Per Individual
  • A sponsor may only file one registration per individual. Filing duplicates will result in all registrations for that individual being declared invalid.


  1. The Selection Process is NOT based on Salary for the H-1B Cap FY2022
  • The previous administration was in the process of putting rules in place that would base the selection process on salary. Namely, candidates with the highest salaries would be selected for the H-1B cap. The current administration has put this rule on hold for this year’s cap and is considering whether to implement it in the future.


  1. H-1B Candidates with Unrelated Degrees
  • A successful candidate must have at least a bachelor’s degree, or its equivalent, in a related field. Education is the baseline that USCIS uses to determine whether a candidate qualifies for an H-1B.
  • USCIS has a process for evaluating a candidate’s professional experience to supplement an unrelated degree. However, utilizing this process is (1) more time consuming and (2) in our experience poses a greater risk of denial. Wherever possible, we strongly suggest employers choose candidates with bachelor’s degrees (or higher) in related degrees.
  • If you choose to proceed with a candidate that holds an unrelated degree, we will need a resume of that individual and detailed letters from previous employers showing at least 3 years, but preferably 6 plus years of related experience.


  1. H-1B Master’s Degree Cap Candidates
  • H-1B Cap petition can be filed under one of two categories. The first is the H-1B Regular Cap requiring a candidate with at least a bachelor’s degree, or its equivalent, in a related field.
  • The second is the H-1B Master’s Cap requiring a candidate with at least a master’s degree from a United States college or university that meets two requirements. These two requirements are: (1) that the school is properly accredited and (2) the school is a public university or other nonprofit institution. It is important to determine before registering the H-1B candidate whether this individual will qualify under the master’s Cap. Once selected for the master’s Cap, an H-1B candidate is unable to switch back to the Regular Cap, even if this individual is ineligible. This could result in the case being rejected or denied by USCIS.
  • We will assist all clients with determining the proper Cap to choose for each H-1B candidate.


  1. USCIS should Publish the Selected Individuals by March 31
  • USCIS plans to notify employers of the selected registrants by March 31. Employers will then be given a 90-day time frame to file their H-1B petitions.


Please contact us if you have any additional questions regarding the H-1B registration process.