With the H-1B cap pre-registration period quickly approaching, now is the appropriate time to review your hiring needs, identify those individuals you intend to sponsor for H-1B employment authorization, and gather necessary documentation.

Background

H-1B employment authorization is one of the most highly utilized and sought-after temporary work authorizations in the United States and allows employers to hire foreign nationals to perform employment in jobs that are considered to be "specialty" occupations. A specialty occupation is defined as an occupation requiring at least a Bachelor's degree or equivalent to perform the duties of the position in the U.S. In its current form, the H-1B employment authorization is limited to 65,000 new H-1B petition approvals per year, plus an additional 20,000 H-1B authorizations that are set aside for individuals with Master's degrees from U.S. universities. Employment start dates for H-1B authorizations occur on October 1 each year, which corresponds with the government fiscal year. Individuals currently working for U.S. employers in H-1B status are not subject to this numerical limitation when a new employer files a petition to change the sponsoring employer for their H-1B employment authorization.

The Pre-Registration Period

In January 2020, United States Citizenship and Immigration Services (USCIS) introduced an H-1B "pre-registration period" from March 1-March 20 to allow employers to register their interest in filing an H-1B...

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