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Preparing for the H-1B Lottery

Each year, the United States Citizenship and Immigration Services (USCIS) conducts a lottery for the 65,000 H-1B visas (plus an additional 20,000 for beneficiaries with U.S. master’s degrees).  Beginning in 2020, USCIS implemented an online registration system to facilitate the lottery process.  USCIS will announce the registration period within the next month.  Last year USCIS received 470,342 eligible registrations in the lottery, and it is likely that there will be even more this year.

In this guide, we outline what the H-1B Lottery is, how to prepare for it, and how to make sure your organization has every step of the process managed effectively.

 

What is an H-1B Visa?

 

An H-1B visa is a general-purpose visa for “specialty occupation” positions, meaning that these roles require at least a bachelor’s degree in a specific field in order to carry out the duties of the position. It allows employers to petition for highly educated foreign professionals, including those in the following fields:

 

  • mathematics
  • engineering
  • technology
  • medical sciences

 

Employees must have at least a bachelor’s degree in a related field (or its equivalent) to be eligible. For example, a software engineer with a degree in computer science or other information technology field would be eligible for an H-1B, but an individual with a degree in psychology would not.

 

Employers are required by the United States Department of Labor (DOL) to pay the prevailing wage of the employee as determined by the occupation as well as the worksite location.  Employers seeking to sponsor H-1B employees should keep in mind:

 

  • Equity does not count as wages
  • W-2 employees only, no independent contractors
  • Full time or part time employees are eligible

 

Typically, the initial duration of an H-1B visa classification is three years, which may be extended for a maximum of six years. The six-year period can be waived through the green card process.

 

What is a Specialty Occupation?

 

As mentioned previously, the purpose of the H-1B visa is for positions involving specialty occupations.  But what exactly constitutes a specialty occupation? Specialty occupations must meet at least one of the following four criteria:

 

  • Bachelor’s or higher degree (or its equivalent) in a specific field is normally the minimum entry requirement for the position.
  • The degree requirement for the job is common to the industry or the job is so

complex or unique that it can be performed only by an individual with a degree.

  • The employer normally requires a degree or its equivalent for the position.
  • The nature of the specific duties is so specialized and complex that the

knowledge required to perform the duties is usually associated with the

attainment of a bachelor’s or higher degree.

 

H-1B Cap and New Visa Availability

 

Obviously, with the number of H-1B visas capped at 65,000, there is a great deal of urgency with the lottery process.  With that in mind, it is helpful to look at the statistics involved.  Of the 65,000 visas available, there are 20,000  slots reserved for those that have attained a U.S. master’s degree or higher (Ph.D., MBA, J.D., etc.)

 

  • In FY2025, there were 470,342 eligible registrations, with 135,137 selections (28.7%).
  • In FY2024, there were 758,994 eligible registrations with 188,400 selections (24.8%).

 

 

Lottery Registration Process

 

Following the increased number of registrations in FY2024, USCIS updated the registration and selection process to a beneficiary-centric system.  This means that each individual is only entered in the lottery one time, regardless of the number of employers who sponsor them in the lottery.

 

Individuals who have never held H-1B status before are subject to the H-1B cap lottery.

 

First, applicants must have a sponsoring employer lined up to support their application. The sponsoring employer submits a registration for the worker during the annual registration window during March for a $10 fee. The registration also requires brief details relating to the applicant, including:

 

  • Name
  • Gender
  • Date of Birth
  • Bachelor’s or U.S. Master’s degree
  • Country of birth and country of citizenship
  • Passport Number

 

 

Who to Consider for Sponsorship?

 

When considering which potential employees to sponsor, there are several different options for your organization.  Most likely, your organization will select from the following pool of registrants:

 

  • Recent US graduates in F-1 OPT or CPT status
  • Foreign employees in consideration for a transfer to the US
  • Employees on single intent visas such as TN, E-3, and H-1B1
  • Employees in L-1 status
  • Employees who have not been sponsored by the employer with EAD’s, such as dependents in H-4, L-2, or E-2, or E-3 status
  • Employees who are on DACA, TPS or other humanitarian programs

 

What to Expect During the Lottery Process?

 

The lottery process is one that requires extensive preparation and experience.  Thankfully, Meltzer Hellrung has several years of experience in guiding clients through the lottery process.  We serve our clients throughout the entire duration of the lottery process including

 

  • January–March: Open a case with Meltzer Hellrung. We will handle a case as long as the lottery remains open, but cases are ideally opened by March 1st.
  • Early-Mid March: Registration Period.
  • March 31: USCIS notification of H-1B selection.
  • April 1–June 30: Submission period for selections in initial lottery.
  • October 1: Start date for H-1B employment.

 

While October 1 is the specified start date, not every employee will start on that date.  If selected for the lottery, employees on F-1 OPT are eligible for an extension of work authorization through April 1, 2026 if their work authorization ends between April 1, 2025

and April 1, 2026.

 

Furthermore, H-1B cases are not guaranteed approval by October 1, and premium processing is recommended if your case is still under review.

 

If you have any questions  about the H-1B registration, eligibility, or have questions about the H-1B process in general, you can schedule a consultation with Meltzer Hellrung today.