With thanks to our Global Immigration & Mobility team for this alert. 

The FY 2021 US H-1B Lottery is now complete and employers have been notified whether their requests to file H-1B Cap Subject Petitions were accepted under USCIS’ new electronic preregistration system. While one option may be to file an H-1B Cap registration request on behalf of these employees next year, this option would not provide employment authorization in the short term. Many employees in this situation are likely on US student visas and may be new and/or junior hires who employers want to keep within their company due to their great potential.

For companies that have Canadian or Mexican affiliates, a temporary assignment abroad may provide a means for the company to continue employment in a same or similar time zone and may also provide new paths to US work authorization in the future as an intracompany transfer. While travel restrictions due to COVID-19 may not allow for an immediate assignment, employers should begin conversations now to be ready to act once travel reopens and before US work authorization expires.

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