Read All About the H1-B Lottery Process 2024-2025

Must-Know Facts About the H1-B Lottery Process 2024-2025

• Attention all applicants: The H-1B visa initial registration period is quickly approaching! Mark your calendars for March 6 to March 22, 2024. You can submit your initial registrations for just $10 during this time. Please note that following the H-1B visa lottery for the 2024-2025 season, the registration fee will increase significantly to $215 starting in April 2024. Don’t miss this opportunity to register at the current fee rate. Prepare your applications early and stay ahead of the changes!

• New Beneficiary-Centric Selection: From now on, registrations will be chosen based on individual beneficiaries. This means that no matter how many registrations are submitted, each beneficiary will have an equal opportunity to be selected

• Breaking news : USCIS has announced that they have reached the numerical limit for H-1B visas for fiscal year 2025, including the cap for those with a master’s degree or higher. Employers who have had their H-1B applications selected now have until June 30, 2024, to submit their H-1B cap petitions.

A non-US foreign national applying for an H1B visa to work in the USA takes his/her opportunity with the H1B visa lottery each year. H1B petitions are submitted only once a year during the application window. Therefore, it is significant that all measures are followed correctly to avoid problems. The H1-B Visa applicant’s sponsor submits the employee’s registration during the April annual registration window. The registration requires only a detailed summary of the applicant. The lottery is one of many phases in the H1B application procedure.

The H1B visa lottery process is complex and often confusing for those seeking employment in the United States. It is an integral part of the immigration process, allowing employers to hire foreign workers with specialized skills and knowledge. This essay will discuss the process of the H1B visa lottery, including the application process, the selection criteria, and the potential outcomes.

H1b Lottery Application Process

The H1B visa lottery process begins with the employer filing a petition with the United States Citizenship and Immigration Services (USCIS). This petition must include a detailed description of the job duties, salary, and other relevant information. Once the petition is approved, the employer can apply to the USCIS for the H1B visa lottery. The application must include a list of potential candidates, along with their qualifications and experience. Once the application is approved, the USCIS will randomly select several applicants to receive an H1B visa.

1- H1B Electric Registration :

The H1B application process starts with the initial registration phase, typically commencing in March each year. During this period, employers or their representatives must establish an online account with the United States Citizenship and Immigration Services (USCIS) and provide basic information about the prospective H1B worker. This initial registration is a relatively straightforward and low-cost step, requiring only a tiny fee and essential details about the employer and employee. Ensuring all information is accurate and complete is paramount to avoid disqualification.
Under the new lottery rules, each registered beneficiary is assigned a unique identification number. This measure effectively prevents duplicate registrations and guarantees that all individuals have an equal chance of selection.
The registration process only requires brief details from the applicant. However, starting in 2025, each beneficiary registering for the H-1B lottery must submit details of a valid passport or travel document.

The H-1B lottery selection occurs before the petition stage in the H-1B visa application process. It is only utilized if the number of registrations received exceeds the number of available H-1B cap visas for that fiscal year, which typically happens annually.
Employers can now apply for H-1B visas with start dates up to 90 days before the beneficiary’s authorized stay expires, providing more flexibility in employment planning. This is a departure from the previous rule, which required employment to begin on October 1 of the same fiscal year.

2- H1b Lottery Selection Process

After the Registration Process Closes, The United States Citizenship and Immigration Services (USCIS) Consucts a random lottery when the number of registrations surpasses the yearly H1B cap of 65,000 visas for regular applicants, with an additional 20,000 visas for individuals with advanced degrees from U.S. institutions. The lottery usually takes place in late March or early April.
Registrants selected in the lottery will be notified through their USCIS online account. Employers will see a status change to “Selected,” indicating they can proceed to the next step. Registrations not selected will be marked as “Submitted” and may remain under consideration if additional selections are needed later in the year.

3- Full H1B Pettintion Phase

Those selected in the lottery must proceed to the full petition phase. Employers must submit a complete H1B visa petition (Form I-129) to USCIS, along with all necessary supporting documents and fees. This should be completed within 90 days of receiving the selection notification. The petition should provide evidence of the job offer, the beneficiary’s qualifications, and a certified Labor Condition Application (LCA) from the Department of Labor.

This phase requires thorough preparation to ensure that all requirements are met. Once the petition is submitted, USCIS will review it, which may include issuing a Request for Evidence (RFE) for additional documentation. If approved, the H1B visa will be valid starting October 1st, allowing the beneficiary to begin working in the U.S. under H1B status.

How Does The H-1B Visa Lottery Process Work

The annual registrations made during the registration window generally far surpass the annual cap level and the number of vacant visas. The window remains open to registrations for the declared period, even after the cap has been exceeded. The selection process is not on a first-come, first-served basis. When the registration window is closed, USCIS takes out the H-1B visa lottery to specify which registrations will be brought to the next stage. This is a spontaneous selection procedure of registrations accepted during the open window.

Lottery selections are filtered at random and are not specified by when registration was accepted, nor is there any assessment of the merit of the registration. Once the 65,000 H1B cap has been filled, 20,000 requests will be randomly chosen from the Masters Cap application. Any of the 20,000 that are not appointed will return to the regular cap.

Read Also: Last leg of H1B cap season 2023

Successful petitions are then notified and asked to fulfil their full H-1B request within the given deadline, which is commonly 90 days from the announcement. Selection in the visa lottery does not ensure the visa will be granted to the worker. The application will be evaluated against the visa requirements and eligibility standards.

How To Increase Your H1B Lottery Chances?

There are a few strategies to improve your H-1B lottery odds. The most evident way to improve your odds is to qualify for the master’s level (or higher) cap exemption. Being in the master’s degree cap-exemption pool boosts your likelihood of at least a few percentage points. Don’t file your request after the cap is achieved because you cannot obtain an H-1B visa for the 2024–2025 fiscal year.

To increase your H-1B lottery chances, you must quickly submit your application and all-important papers. If you hesitate and miss the current window, your chances will be zero.

Follow the below steps to ensure you are avoiding any possible uncertainties or problems in the lottery selection process:

• Ensure all application information and documents have been given and the exact fees have been paid.
• Never send in your H1B petition before the opening period of the request window in April.
• Apply as soon as the window opens.
• Ensure you have the mandatory degree or specialist knowledge to meet the eligibility for the job.
• Make sure that the job is eligible for an H1B visa.
• Don’t send many applications for one job. It will be rejected if an employer makes numerous or duplicated H1B applications for a single employee. If USCIS accepts multiple applications from a single employer for one job, they will deny them both. Two applications submitted by the candidate will eliminate your H-1B lottery chances in 2025

How to Check Your H-1B Lottery Results?

Discovering whether you were chosen in the H-1B lottery can be achieved through several methods. Below are the steps to verify your lottery status :

• There are some ways to check out if you were selected in the H-1B Lottery Process. Below are the steps to verify your lottery status

• One of the simplest methods involves checking if USCIS has processed your H-1B application fee payment. If your petition is not selected, the fee will be refunded. Thus, if USCIS successfully cashed your check, your application was chosen.
• An alternative approach is to check whether your employer has received a 13-digit receipt number sent to them after selecting your petition. If they have yet to receive this number, you were not set. Once you have obtained your 13-digit number, you can use the USCIS Case Status Tool Online to enter the case number and view its status.

• Immigration and Naturalization Services issue all lottery winners a stamped I-797 Form, signifying their selection in the lottery.

• If you have applied as a nonimmigrant student in the advanced degree pool, you can monitor your application status by accessing the Student and Exchange Visitor Information (SEVIS) website. This website is consistently updated to reflect the selection of winners.
  • Suppose you are an F1 student who has earned a degree in one of the STEM fields (science, technology, engineering, math). In that case, your employer is registered in E-Verify, and you were initially granted post-completion OPT based on your STEM degree. You are eligible to request a 24-month extension of your employment authorization.

Understanding Your Status on the USCIS Portal

Once you access the USCIS case status online tool, your case number will be accompanied by one of the following statuses. Here’s what each status signifies:

• Submitted: If the term ‘submitted’ is visible, your application is still under consideration by USCIS, and this status may persist until the end of the fiscal year. Please note that your case has yet to be accepted or approved.
• Selected: Congratulations on being selected in the lottery! Now it’s time to celebrate, as your sponsor must file the I-129 petition after April 1, 2024. To streamline the registration process for USCIS, there might be staggered filing deadlines for individuals chosen in the lottery. Please pay close attention to the filing deadlines specified in your file to ensure a smooth process.
• Not Selected: unfortunately, you have not been selected, and this status will persist until the conclusion of the fiscal year (October 1, 2024).
• Denied: If your sponsor submits multiple registrations for the same beneficiary, you will encounter this situation.

Starting from March 17, 2024, all registrations will initially show as “submitted.” Some of these registrations will later switch to either “selected” or “denied,” while others will continue to be “submitted.” If USCIS requires additional registrations to fill the cap for the fiscal year, they will choose more registrations from the “submitted” pool. However, by October 1, 2024, the remaining “submitted” rosters will be updated to “not selected.”

Current H1B Filling Fee- 2024-25 :

We will keep you informed about any H-1B filing fee updates. However, it is advisable to seek advice from your immigration lawyer to determine the optimal approach for your situation. The law of Prashanthi Reddy, PLLC, offers highly competitive filing fees, including responses to RFEs. Please refer to this page for a comprehensive breakdown of their H-1B attorney fees.

Fee	Amount	Responsible for Fee
Registration Fee	$10	Employer
Premium Processing (optional)	$2,500	Employer or Employee
Public Law 114-113 Fee	$4,000	Employer
Basic Filing Fee	$460	Employer
USCIS Anti-Fraud Fee	$500	Employer
ACWIA Education and Training Fee	$750 (less than 25 employees) $1,500 (more than 25 employees)	Employer
Attorney Fee	Variable	Employer

Please be aware that the Public Law fee applies solely to employers with more than fifty employees, and at least half of those employees must be H-1B holders for the fee to be enforced.

If you are successful in the H-1B lottery Process

If selected in the H-1B visa lottery, you will be notified and asked to file your H-1B cap petition. To do this, your employer must submit a Labour Condition Application form ETA-9035 (LCA) to the United States Department of Labour for certification. This LCA is an important document that must be filled out correctly and accurately to ensure your H-1B petition is accepted. It contains essential information about the type of job you will be doing, the wages you will be paid, and the working conditions you will be subject to. Once the LCA is certified, your employer can file the H-1B petition with the United States Citizenship and Immigration Services. After the petition is filed, you will be notified of the decision and whether or not you have been approved for an H-1B visa.
The LCA should indicate the employer’s commitment to:

• We want to make sure that you are fairly compensated for the position so that we will pay you at least the standard wage paid to other employees with your qualifications, or if it’s more than the usual wage, we will pay you the typical salary for this role in the local area.
• We promise to offer a work environment that is not detrimental to other employees like you and that there will be no strikes or lockouts when the Labour Condition Application is submitted.

Once certified, your employer must submit an I-129 Non-immigrant Worker Petition form and the certified LCA to the appropriate USCIS Service Centre. Upon approval of the Petition form, you can apply for your visa through DS-160, the Online Non-immigrant Visa Application system. You must schedule an interview at the nearest US Embassy or Consulate.

What Will Happen if You are unsuccessful in the H1B lottery

Unsuccessful H-1B applicants must wait for additional lottery rounds or until the next fiscal year to apply for the H-1B visa again.

H-1B Cap Lottery 2024-2025 Explained :

The H-1B visa lottery is a system utilized by the USCIS (United States Citizenship and Immigration Services) to randomly select applicants when the number of H-1B visa petitions surpasses the annual limit. Each year, there are a total of 85,000 visas available, categorized into two groups: 65,000 visas for the regular cap and 20,000 visas for individuals with advanced degrees from U.S. educational institutions.

Initially, a lottery is conducted for the 20,000 visas designated for advanced degree holders from U.S. institutions. Applicants not chosen in this initial lottery are then included in the regular cap lottery. After the master’s cap lottery, the regular cap lottery is conducted for the remaining 65,000 visas. This encompasses advanced degree candidates and all other applicants not selected in the first round.

For the 2024-2025 lottery, the registration window for the H-1B lottery will be open from noon E.S.T. on March 6th through noon E.S.T. on March 25th, 2024. Beginning at noon E.S.T. on February 28th, 2024, employers and their attorneys/representatives can create new accounts on the new USCIS online system for H-1B lottery registrations.

If you’re planning to file H-1B cap-subject petitions for the fiscal year 2024-2025 cap, you need to follow a couple of steps. Firstly, you must electronically register. After registration, you’ll be required to pay the associated $10 H-1B registration fee. Please note that this fee will increase to $215 when the USCIS fee adjustments take effect on April 1, 2024, following the initial FY 2025 H-1B cap registration period.

This also applies to individuals who qualify for the advanced degree exemption. Each employer is limited to submitting only one entry per H-1B employee. Should their submission be chosen, the employer must confirm their commitment to filing a comprehensive H-1B petition.

Read Also Complete Guide to H1B Visa 2024

H1B Visa Requirements

The H1B visa is an excellent way for US businesses and organisations to access highly skilled foreign nationals. To be eligible for an H1B visa, applicants must have at least a bachelor’s degree in a particular occupation, such as engineering, medicine, or IT. Additionally, the applicant must possess the necessary skills, knowledge, or experience to perform the job. The employer must provide evidence that the position requires a highly skilled foreign national and that no qualified US workers are available to fill the position. Finally, the employer must provide a valid job offer and salary that meets the prevailing wage rate. With these requirements in place, the H1B visa is an excellent way for US businesses and organisations to access the needed talent.

The H1B visa is a type of visa that allows foreign nationals to work in the United States in a special occupation. Under the Immigration and Nationality Act, a speciality occupation is defined as one that requires the theoretical and practical application of a body of highly specialized knowledge and a bachelor’s degree or higher in the specific speciality. Examples of speciality occupations include engineering, medicine, mathematics, computing, architecture, and the sciences. The job must also require expertise and knowledge typically associated with a bachelor’s degree or higher in the specific speciality.

Read Also – H1-B Lottery Predictions for H1-B Cap Season 2024

Are you eligible for an H1B visa? It all depends on if you have an offer of employment in a suitable role from a US employer and if you meet at least one of the following conditions :

1- Do you have a Bachelor’s or higher degree from an accredited US institution in the relevant field of speciality?
2- Do you possess an equivalent foreign degree in this speciality occupation?
3- Are you authorized to practice and be employed in the speciality occupation in the state where the employment is located?
4- Do you have either education, training, or experience equivalent to a degree and also recognized as having an appropriate level of expertise in the field?

There are also H1B eligibility requirements for the job you wish to be employed in. At least one of the following must apply:

1- To get this job, you must have a bachelor’s degree or higher or an equivalent qualification and relevant experience.
2- For this role, having a degree is the industry standard, or the job is too complex or specialised to be done without a degree.
3- The employer insists on a degree or equivalent for anyone they recruit.
4- The duties in this job are too intricate and specialised to be done without the knowledge that usually comes with a bachelor’s or higher degree.

Alternatives of H1B Visa :

If your H1B petition is unsuccessful, look into alternatives like the L1 visa for intracompany worker roles or the O1 visa if you have extraordinary ability or achievement in science, art, education, sports, or business. What works best for you depends on your situation.

How Can We Help in the H1B Lottery Process?

Our experienced US immigration lawyers can help ensure your H1B visa application is filled out correctly, the right paperwork is put together, and the process is handled successfully. As legal experts, we can also discuss alternative visa options in light of the competitive H1B Visa Lottery. Contact us to discuss your H-1B visa requirements. If you have any questions about the H1B or work visa, email me directly at prashanthi@reddyesq.com or call us at (212) 354-1010. Our team of US immigration lawyers and We would be happy to help you get your H1B visa. Well, As New York, Florida, New Jersey, Texas, and California .. My team of US immigration lawyers and I would happily help you get your H1B visa.

This article is here to provide you with helpful information, not legal advice.