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USCIS Selects Additional H-1B Registrations from the FY2021 Lottery

Kauff McGuire and Margolis LLP
New York, NY
August 15, 2020

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USCIS Selects Additional H-1B Registrations from the FY2021 Lottery

Additional H-1B visa numbers are now available! As a result, USCIS has selected more cap-subject H-1B registrations from the recent FY2021 lottery. Those notified of the new selection will be able to file their petitions from August 17, 2020 through November 16, 2020.

Department of State Expands National Interest Exceptions

The Department of State (DOS) has expanded the national interest exceptions to the recent proclamations suspending the issuance of certain immigrant and nonimmigrant visas. The expanded criteria, which is not exclusive, includes:

 H-1B applicants

L-1 applicants

J-1 applicants 

DOS also confirmed that travel to resume H-1B or L-1 employment in the US is a valid ground for a national interest exception when the employer would face financial hardship if required to replace the H or L employee.

In addition to meeting one of the above criteria, travelers may also need to request an emergency consular appointment by demonstrating that their travel is an emergency or is mission critical. Consular appointments and visa issuance under the new policy are not guaranteed, even for travelers who otherwise qualify for one of the national interest exceptions.