The H-1B Cap Lottery process
LEARN MORE ABOUT WHAT US EMPLOYERS AND INTERNATIONAL EMPLOYEES SHOULD EXPECT FROM THE H-1B CAP LOTTERY.
What is H-1B Cap Lottery?
The United States government has established an annual cap on the number of new H-1B work visas that can be awarded each fiscal year. When the demand for H-1B visas exceeds the number of available slots, a lottery mechanism is employed to randomly pick petitions for processing.
The H-1B cap lottery is a result of the strong demand for these visas, and it can cause anxiety for both companies and prospective H-1B visa holders.
In this article, we’ll go over everything you need to know about the H-1B cap lottery, including how it works, what to do if you or your employee isn’t chosen, and more.
What is H-1B Cap Lottery?
The United States government has established an annual cap on the number of new H-1B work visas that can be awarded each fiscal year. When the demand for H-1B visas exceeds the number of available slots, a lottery mechanism is employed to randomly pick petitions for processing.
The H-1B cap lottery is a result of the strong demand for these visas, and it can cause anxiety for both companies and prospective H-1B visa holders.
In this article, we’ll go over everything you need to know about the H-1B cap lottery, including how it works, what to do if you or your employee isn’t chosen, and more.
Understanding the H-1B Visa Cap
Before overseas employees may enter the United States under the H-1B classification and begin working, they will most likely need to register with USCIS and be selected to apply.
Because there is a high demand for the H-1B visa, only a limited number of visas can be awarded annually. The quota for 2023 was set at 65,000 visas each fiscal year. However, if an applicant holds a master’s degree from a US institution, they are in luck: there are an additional 20,000 visas available for people with a master’s degree or higher.
Note
If the US employer sponsoring an H-1B worker is an institution of higher education, a nonprofit organization affiliated with an institute of higher education, or a government research organization, the H-1B lottery cap does not apply.
H-1B Cap Lottery at a Glance
We’ll go over each phase in detail, but here’s an outline of how the H-1B cap lottery works each year:
H-1B Electronic Registration:
To participate in the H-1B lottery, all prospective H-1B applicants whose occupations are subject to the cap must electronically register with USCIS.
If the number of H-1B registrations received exceeds the annual maximum, a random lottery is held to determine which registrants will be eligible to apply for an H-1B visa. The 20,000 advanced degree petitions are chosen first, and any unselected advanced degree registrants are added to the general pool for the 65,000 limit.
Petitions: If a registrant is chosen, companies may file H-1B petitions on behalf of their prospective employees during a defined filing period, which typically begins in the first week of April each year.
Selected Petitions are then processed, and if granted, foreign workers can get H-1B status and start (or continue) working in the United States.
How to Register for the H-1B Cap Lottery.
International employees who want to submit for an H-1B visa in an occupation that is subject to the cap must register electronically with USCIS in order to enter the lottery. To do so, the prospective H-1B employee and sponsoring employer must register online accounts with USCIS. If a potential employee already has a myUSCIS online account, they must create a new “registrant” account to complete the registration procedure.
During the registration process, the potential H-1B employee (or their U.S. company, representative, or attorney) must pay a registration fee of $10. Registration also entails providing basic information about the sponsoring company, as well as biographical information about the registrant.
The registration period lasts for about 14 days per year. If an applicant does not register and their occupation is not exempt from the cap, they will be unable to apply for an H-1B visa.
USCIS offers thorough information on how to complete the electronic registration procedure, including an instructional video and commonly asked questions, here.
H-1B Lottery Selection Process.
After the registration window closes, here’s an outline of the H-1B lottery selection process:
Random Selection Process (Lottery):
The demand for H-1B visas frequently outnumbers the available slots within the first few days. When the number of registrations exceeds the cap, a random lottery is held to determine which registrants will be permitted to submit their Form I-129 for processing. The advanced degree cap is filled first, and any remaining registrants are placed in the general cap pool.
Selection Notifications:
Selected applicants will get an H-1B registration selection notice. Registrants who are not selected will not be notified until USCIS determines that they have hit the H-1B cap for the fiscal year.*
Preparing and Submitting H-1B Petitions: If chosen, employers must file Form I-129 (Petition for Alien Worker), along with supporting papers, with USCIS during the filing period. Employers can pay an extra cost for premium processing, which expedites the adjudication of Form I-129.
Petition Filing Timeline: The H-1B filing period typically begins on April 1st of each year, and employers must file petitions within the allotted filing window (usually 90 days).
*Employers who file on behalf of an H-1B applicant will be able to view the applicant’s lottery status through their USCIS account. The account will display the lottery status as one of the following:
Submitted: You have submitted your registration, which is valid
Selected: You are eligible to apply for an H-1B visa.
Not selected: You were not selected to apply for an H-1B visa at this time.
Denied: If you register for the opportunity to apply for an H-1B visa with the same employer numerous times, USCIS will consider all of your registrations invalid.
Invalidated-Failed Payment: You registered, but the registration payment did not go through.
Alternative Options If Not Selected in the H-1B Lottery.
The H-1B cap lottery can be a difficult experience for both H-1B employees and their sponsoring employers. If you (or your employees) are not selected in the H-1B cap lottery, it is critical to understand the ramifications for work permission and to look into alternative work visa possibilities.
If a registrant is not picked in the lottery and their present work permit is about to expire, they will be placed in USCIS’s 60-day grace period. To avoid accruing any unlawful presence, the individual must either change their status to a new visa type or plan to leave the United States when their grace period expires within 60 days.
FaraTaran has put up a full guide on alternative visas to consider if you or your staff are not picked in the H-1B lottery.
FAQ
When does registration begin each year, and when will applicants and companies receive results?
The dates change each year, and the registration period is normally 14 days. Check the USCIS information website for exact dates for the upcoming fiscal year.
How much does it cost to register for the H-1B visa lottery?
There is a $10 registration charge for each registrant. The cost is non-refundable, even if you are not chosen in the lottery.
Do previous years’ H-1B lottery outcomes affect future chances of being selected in upcoming H-1B lotteries?
No, if an individual is not picked during this year’s H-1B registration, it will not affect their chances of getting selected the next year.
If chosen, where should potential H-1B candidates and their employers submit Form I-129 and supporting documents?
A selected applicant’s Form I-129 must be filed at the site specified in their H-1B registration selection notice, which may differ from previous Form I-129 filing locations for H-1B cases. Employers should file at the exact place specified on the selection notice.
How long do firms have to complete Form I-129 once a prospective H-1B employee is picked in the lottery?
During the filing window, employers must submit Form I-129 and all relevant supporting documentation to the filing site specified on the selection notification. The filing window normally opens on April 1 and lasts 90 days.
What’s the distinction between the H-1B and H-1B caps?
The government caps the amount of H-1B visas issued each year. The current visa quota is 65,000 each fiscal year, with an additional 20,000 visas available to individuals with a master’s degree or higher.
