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Historically, employers filed their full H-1B cap-subject petitions with the USCIS, after
which, the USCIS would select eligible petitions through a random selection process.
This process resulted in unnecessary paperwork and mailing costs for both petitioners and the agency. This is no longer the process.
Employers seeking to file H-1B cap-subject petitions for the fiscal year 2020-21 cap, including those eligible for the advanced degree exemption, must first electronically register and pay the associated $10 H-1B registration fee.
Under this new process, employers seeking H-1B workers subject to the cap, or their authorized representatives, will complete a registration process that requires only basic information about their company and each requested worker. The USCIS will open an initial registration period from March 1st through March 20th, 2020.
The H-1B random selection process, if needed, will then be run on
those electronic registrations. Only those with selected registrations will be eligible to file H-1B cap-subject petitions.
The regular cap lottery will now be conducted first, followed by the U.S. master’s cap lottery. The new drawing order is said to give individuals with a U.S. master’s degree an even higher chance of being selected.
1. Online pre-registration process
This year, the USCIS will be using an online pre-registration system to make the H-1B lottery a more manageable process. Rather than submit a petition to enter a beneficiary into the lottery, employers will register their beneficiary with the USCIS database before the start of the filing window. The registration window will open on March 1, 2020, and end on March 20, 2020. Petitions will still be used, but only once a beneficiary has been selected in the lottery. Here is how this system will work:
Employers will pre-register their alien workers with the USCIS between March 1, 2020, and March 20, 2020. This will involve inputting the information about the workers into the database.
The USCIS will conduct the lottery and choose the beneficiaries that will go on to filing and processing (still 65,000 for the regular cap and 20,000 for the master’s cap).
The employers of those registrations that were selected will then file their petitions with the USCIS for processing along with the appropriate filing fees and supporting documents within 90 days or according to deadlines set by USCIS.
If the petition is approved, then the H-1B visa will be issued and the beneficiary’s start date will be October 1st of that same year.
2. How to Register
The way to register involves creating an online account with the USCIS on or after February 24th. While you cannot create an account before this date, the account creation option will be available throughout the whole registration period.
At noon on March 1st, the registration will open and those who create or have created accounts can submit their registrations along with the non-refundable $10 fee. This registration submission window will remain open until March 20th at noon, after which time the USCIS will conduct the lottery starting with the regular cap and ending with the master’s cap.
The USCIS intends to notify winners of their selection in the lottery on or by March 31st. If your petition is selected, the earliest that you can file your petition is April 1st.
3. Rules for Submission
Because you are not submitting a petition and therefore do not need to demonstrate the beneficiary’s eligibility, registration has only a few rules in order to avoid outright denial.
Your registration must be submitted after March 1st at noon and before March 20th at noon. Any registrations submitted before or after this window will not be accepted.
Each sponsor may only submit one registration for each beneficiary. If a single sponsor submits more than one registration for the same beneficiary, all registrations submitted by that sponsor for that beneficiary will be considered invalid and subsequently denied.
However, a single sponsor can submit registrations for multiple beneficiaries
4. How Will I Know If I’ve Been Selected?
When you look at your registration online, you will see one of four statuses attached to your case. They are:
Submitted:This simply means that you have successfully submitted your petition. However, your status may continue to read “submitted” until the end of the fiscal year. This means that your registration is still under consideration and does not mean that your registration has been selected or denied.
Selected:Your registration has been chosen in the lottery and the sponsor is able to file an I-129 petition after April 1st.
Not Selected:This means that your registration was not chosen. Keep in mind that all registrations that are not denied will either be “Selected” or remain as “Submitted” until the end of the fiscal year. Therefore, if your registration is not chosen, you will not see “Not Selected” on your registration until October 1st.
Denied:This only happens if a sponsor submitted more than one registration for the same beneficiary. In this case, all registrations submitted by this sponsor for this beneficiary will be denied.
5. New Master’s Cap Order
Under guidance from the Buy American and Hire American executive order, the USCIS has implemented some changes to the H-1B process to give preference and priority to highly-skilled and highly-paid workers. One such change involves the order in which the lotteries take place.
The USCIS has, in years past, conducted the master’s lottery first, then entered the unselected petitions into the regular cap. This new process involves a complete reversal of that order. Instead, the regular lottery will be conducted first, including all cap-subject registrations. Then, all unselected master’s registrations will be entered into the master’s lottery.
The USCIS is anticipating that this will increase the chances of master’s registrations being selected by 16%. Here is how that works.
6. Eligibility Requirement for Specialty Occupation
In order to be eligible for the specialty occupation criteria the H-1B job must adhere to one of the criteria below:
The job must require at minimum a Bachelor’s degree or higher (or equivalent).
The required degree for the H-1B job is considered common to the industry.
OR
The position can only be executed by an individual holding a degree due to its complexity.
It is normal for the employer to require a degree (or equivalent) for the position because the skills are so specialized.
IT jobs of the Future
Software Developers
The creative mind behind a computer program is a software developer. Some software developers create applications, while others build systems. They usually work alongside computer programmers.
Software developers typically have a bachelor’s degree in computer science, software engineering, or a computer-related field. A degree in mathematics is acceptable in some cases.
Given today’s online coding boot camps and other unconventional learning systems, a traditional academic education is not always a requirement.
Projected future growth: 24% through 2026
Web Developer
Web application developers use programming languages to create online software that meets client specifications. A developer may work in multiple programming languages and operating systems.
Employers typically look for computer-related education and relevant work experience. With the high demand for these skills, a formal degree is not always required.
Out of the seven tech careers in this list, a prospective web application developer has the most coding boot camp courses available to them.
Projected future growth: 15%by 2022
Computer Systems Analysts
Computer systems analysts investigate a company’s computer systems and procedures, then design or revamp them to make the organization operate more efficiently.
They must understand both business and information technology (IT) needs and limitations. Their responsibilities include consulting with managers to determine IT-related needs.
Most computer systems analysts have a bachelor’s degree in a computer-related field. However, since they work closely with the business side, many also have a business background through experience or education.
Projected future growth: 9% by 2026
How to implement long term remote plan
As the coronavirus pandemic continues, remote work has become the norm for companies ranging from Twitter and Google to small- and mid-sized businesses. Stats show that a significant number of the workers remain apprehensive about returning to office and that long-term remote work has actually improved their productivity.
In the “2020 State of Remote Work Survey” conducted by Owl Labs in conjunction with Global Workplace Analytics, 81% of respondents think their employer would support post-COVID-19 remote work, while 29% think their company will actually support it more. In addition, 77% of those surveyed said that working from home after COVID-19 would make them “happier,” and perhaps more notably, nearly half of the respondents would look for another job if work from home was no longer allowed
The goals you decide on will need to include:
Articulating an overall vision for what you hope to achieve by allowing employees to long-term remote work from home so that they support the plan
Helping your employees stay healthy
Achieving further increases in productivity through employee comfort and less commuting time
Creating more positive employee morale and higher retention rates
Financial considerations such as leasing less office space, leasing out space you own, and adjusting your building plan to accommodate less employee space
Saving the cost of business travel
Setting up workstations and commonly used areas to accommodate the need for personal distancing
Making sure that you are providing your remote workforce the latest and most powerful technology and office equipment
Making available the emotional support andwork life balance your employees need
Determining which positions can viably work remotely and with what frequency while maintaining customer service and business profitability
Providing the proper tools so that workflow is steady and maintained such as asking teams to work core business hours and setting up weekly meetings
