The H-1B visa is a highly sought-after, non-immigrant visa that allows U.S. employers to hire skilled foreign workers in specialty occupations such as technology, engineering, healthcare, and finance. However, due to the high demand for H-1B visas and limited annual availability, the U.S. Citizenship and Immigration Services (USCIS) uses a lottery system to determine who will be able to apply. If you're new to the H-1B process, understanding how the lottery works can feel daunting. In this blog post, we’ll break down the H-1B lottery process step-by-step, so you can navigate it with confidence.
Understanding the H-1B Cap
The H-1B visa is subject to an annual cap, which limits the number of visas that can be issued each fiscal year. Currently, the cap is set at:
65,000 visas for the general category, known as the "Regular Cap."
An additional 20,000 visas for applicants with a U.S. master’s degree or higher, referred to as the "Advanced Degree Exemption" or "Master’s Cap."
This means that a total of 85,000 H-1B visas are available each year. However, the number of applicants typically far exceeds the available slots. For example, in 2023, USCIS received over 780,000 H-1B registrations for the 85,000 slots—nearly ten times the available number. As a result, a random lottery system is used to determine which applicants will be selected to proceed with the full H-1B petition.
Step-by-Step Breakdown of the H-1B Lottery Process
H-1B Registration Period The first step in the H-1B process is the electronic registration period. Typically, USCIS opens this registration window in March each year. Employers who want to sponsor an H-1B visa holder must register the applicants online through the USCIS portal. Here’s how the registration process works:
Employer Account Creation: The sponsoring employer creates an online account with USCIS, which will be used to manage all H-1B registrations.
Applicant Information Submission: The employer submits basic information about the employee, such as their name, nationality, passport number, and education details.
Registration Fee: Each H-1B registration requires a $10 fee, which is non-refundable. The low fee helps ensure that the registration process is accessible to most employers.
The registration period typically lasts for around 14 days, after which USCIS closes the portal and no additional entries are accepted.
Lottery Drawing for Regular Cap and Master’s Cap After the registration period closes, USCIS conducts the lottery in two rounds:
Round 1: Regular Cap Lottery: USCIS first conducts the lottery for the 65,000 regular cap slots. All submitted entries, including those eligible for the Master’s Cap, are entered into this first round.
Round 2: Master’s Cap Lottery: Once the regular cap lottery is complete, USCIS takes the remaining entries that qualify for the Master’s Cap and runs a second lottery to select 20,000 additional applicants.
This two-tiered process actually increases the chances for applicants with a U.S. master’s degree or higher, as they get two shots at being selected—first in the regular cap and again in the advanced degree cap if they are not picked in the initial drawing.
Selection Notification After the lottery is conducted, USCIS notifies employers whether their candidates were selected. Each employer can log into their USCIS account to view the status of their submissions. The status will show as one of the following:
Selected: The applicant has been picked in the lottery and is eligible to file a full H-1B petition.
Submitted: The registration was submitted but not selected. However, USCIS may retain these registrations in the system in case additional visa slots become available later.
Not Selected: The applicant was not picked and will not be considered for that fiscal year.
Denied: The registration was found to be ineligible (e.g., duplicate entries for the same applicant).
Once an applicant is marked as “Selected,” the employer can move forward to prepare the full H-1B petition, which includes detailed documentation, filing fees, and proof of eligibility.
Filing the Full H-1B Petition Being selected in the lottery does not mean that the applicant automatically gets the visa. It simply means they are eligible to submit a full H-1B petition to USCIS. This petition must be filed within 90 days from the time of selection. The full petition process involves:
Form I-129: The H-1B petition form must be completed and submitted along with supporting documentation, such as the applicant’s education credentials, job offer letter, and proof of specialty occupation.
Labor Condition Application (LCA): Employers must first obtain an approved LCA from the Department of Labor. The LCA certifies that the H-1B worker will be paid a fair wage and that hiring the H-1B employee will not negatively impact U.S. workers.
Supporting Documentation: This includes detailed job descriptions, proof of employee qualifications, and other evidence showing that the position qualifies as a specialty occupation.
Once USCIS receives the full petition, they review it to ensure all requirements are met. If everything is in order, the applicant’s status will change to “Approved,” and they will be issued an H-1B visa, which allows them to work in the U.S. starting from October 1st of that year.
What If You’re Not Selected?
Unfortunately, the H-1B lottery is highly competitive, and many applicants will not be chosen. If you’re not selected, here are some options to consider:
Wait Until Next Year: Employers can try again in the next fiscal year’s H-1B lottery.
Explore Alternative Visas: Consider other work visas like the L-1 for intra-company transferees or the O-1 for individuals with extraordinary abilities.
Stay on OPT or Other Visas: If the applicant is on Optional Practical Training (OPT), they may be eligible for an extension or other options to continue working in the U.S.
The H-1B lottery can feel overwhelming, but understanding how it works is the first step in making informed decisions. With careful planning and a solid grasp of the process, both employers and prospective H-1B workers can improve their chances of navigating this complex system successfully.
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