The H-1B visa program allows U.S. employers to temporarily employ foreign workers in specialty occupations, and the lottery system is used by U.S. Citizenship & Immigration Services (USCIS) to manage the limited number of available visas— referred to as the annual cap.
Purpose:
Foreign workers fill a critical need in the U.S. labor market— particularly in the science, technology, engineering, and mathematics (STEM) fields. The H-1B program allows U.S. businesses to compete by hiring the best-qualified candidates from around the world.
The nonimmigrant visa allows U.S. employers to hire foreign professionals for a temporary period for three years renewable up to six years. The H-1B is dual intent which allows the employer to sponsor the worker for a green card. Doing so can permit the H-1B maximum period of stay to extend while the green card process is pending. This differentiates it from the TN, F-1 and other visa categories that do not have dual intent.
Accordingly, it is critical to ensure registration for all those who may be on F-1, TN or other temporary visa where appropriate.
Annual Cap Details:
Since the H-1B category was created in 1990, Congress has limited the number of H-1Bs made available each year. The current annual statutory cap is 65,000 visas, with 20,000 additional visas for foreign professionals who graduate with a master’s degree or doctorate from a U.S. institution of higher learning.
Registration Period and Process:
The registration for the H-1B lottery will open at noon ET on March 7, 2025, and will close at noon ET on March 24, 2025. All cap registrations must be drafted and submitted online during this period. During this period, prospective petitioners and representatives must use a USCIS online account to register each beneficiary electronically for the selection process and pay the associated registration fee for each beneficiary. Prospective H-1B cap-subject petitioners or their representatives are required to use a USCIS online account to register each beneficiary electronically for the selection process and pay the associated $215 H-1B registration fee for each registration submitted on behalf of each beneficiary.
Lottery Selection:
As the number of registrations exceed the annual cap, a random lottery will be conducted shortly after the registration period closes. The lottery randomly selects beneficiaries from properly submitted registrations. Selected beneficiaries are notified and can file a petition during the applicable filing period. For the previous fiscal year, USCIS selected about 26% of the total number of eligible registrations. The 20,000 cap is separate from the standard 65,000 H-1B cap, allowing more opportunities for advanced degree holders of U.S. institutions to be selected.
Eligibility:
H-1B visas are for specialty occupations that require a bachelor's degree or equivalent.
Important Considerations:
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Preparation of Petitions:
Employers should contact PLG as soon as possible to begin preparing their H-1B registrations in advance to streamline the process prior to the lottery closing date.
- Alternative Options: Consider exploring other visa options for candidates who may not be selected in the H-1B lottery.
- H-1B Cap-Gap Regulations: The “cap-gap” period starts when an F-1 student’s status and employment authorization expires and, unless terminated, ends on April 1 of the fiscal year for which the H-1B status is being requested or until the validity start date of the approved petition, whichever is earlier.
Action Items:
- Review your current staffing needs and identify potential H-1B candidates including those who are currently on F-1 OPT, STEM OPT, TN and other visas to ensure continued work authorization.
- Work with PLG to gather necessary documentation and ensure that candidates are ready for the registration process.
- Stay informed with PLG about updates from USCIS regarding the lottery and registration process.
We will continue to monitor developments related to the H-1B lottery and will provide updates as new information becomes available.
