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GENERAL QUESTIONS
Why is there an H-1B lottery?
Immigration law only permits USCIS to issue 85,000 H-1B visas each year but there has been consistently a higher demand for H-1B visas than available visas each year. Only Congress can increase these visa numbers so USCIS is limited to organizing a lottery each year.
- 65,000 visas are reserved for individuals who have at least a bachelor’s degree (or equivalent) or higher, and
- 20,000 visas are reserved for individuals who have received at least a U.S. master’s degree or higher
How does the H-1B lottery work?
The lottery has an online registration component to streamline the process. This updated online registration process was introduced in 2020 and has been refined each year. Employers must first register for an online account with USCIS. They submit an online registration for the H-1B candidate when the registration period opens. After the registration period closes, USCIS will then conduct the lottery at random, electronically. The online portal will indicate which candidate was “selected” in the lottery.
USCIS will first apply the random selection process for the 65,000 selections. USCIS will conduct an additional selection process for any H-1B candidates who possess a US master’s degree or higher for the remaining 20,000 visa selection. (Note that for Singaporeans or Chileans applying for H-1B1 lottery, their numbers are drawn from a pool of 6,800 visas, a special carve-out from the 65,000 visas).
Once our team inspects who was selected and the Employer confirms they want to file the H-1B petition, we will reach out to the H-1B candidate and proceed with preparing the H-1B petition for submission to USCIS. Employers have 90 days beginning April 1 to submit the H-1B petition to USCIS.
What do you mean by “Fiscal Year”?
The federal government’s fiscal year begins October 1 of each year. It does not coincide with the calendar year. Immigration rules allow employers to apply for a new H-1B as early as 180 days before the intended start date of employment. Because the beginning of the fiscal year is October 1, the earliest H-1B petitions for the next fiscal year may be submitted to USCIS is April 1 (180 days before October 1). Therefore, the FY2025 will refer to a start date of October 1, 2024 (the prior year) and ends on September 30, 2025.
Can my H-1B lottery petition be submitted by physical mail, earlier than April 1?
No. In 2020, the process changed and it is now a two-phase online process. The completed H-1B petition may be submitted no earlier than April 1, after candidates have already been selected via the online registration process.
If I’ve already been selected for an H-1B in the past, does that mean I must go through the lottery again if I want an H-1B visa?
You may hold H-1B status for no more than six years maximum. If your employer started the green card process and reached certain milestones, you may extend your H-1B status beyond six years. You do NOT need to go through the H-1B lottery again. If your employer did NOT start the greencard process for you, or you did NOT reach certain milestones before reaching the six years max, then you may have to go through the H-1B lottery again. This issue requires case-by-case review so please consult us for further details.
How many H-1B registration applications were submitted to USCIS in previous years?
Can I premium process my H-1B petition?
Yes. The premium processing fee is $2,805. If you would like to premium process your case, please check with your employer. If premium processed, USCIS will issue a decision within 15 days after receipt of the H-1B petition.
I’m waiting outside the U.S. and my H-1B will be filed in this lottery. Does being outside the U.S. impact my chance of being selected in the lottery?
No.
When do I find out if my H-1B petition was selected in the lottery?
USCIS will select H-1B candidates by April 1. Our office will notify H-1B candidates usually early April, AFTER an employer confirms they want to proceed with filing the H-1B petition. If an employer does NOT want to proceed with filing the H-1B petition, then they will communicate that with you directly.
Can more than one online registration be submitted on my behalf to increase my odds?
Duplicate registrations with the same employer are prohibited and will result in denial by USCIS. Duplicate registrations by different, legally unrelated employers, are allowed. USCIS is revising the H-1B lottery program to reduce potential fraud and abuse by those who game the system.
QUESTIONS COMMONLY ASKED BY F-1 STUDENTS
Will being here in the US in F-1 status or being outside the US increase or decrease my chance of being selected in the lottery?
No, neither. Being in US or outside US does not impact odds for lottery selection.
I’m here in the U.S. in F-1 student status. My H-1B petition was filed as a change of status (F-1 to H-1B). However, I may need to travel internationally. If I leave the U.S. while my H-1B petition is still pending, can I return to the U.S. in F-1 status?
If your F-1 visa is still valid, and your OPT/ CPT is still valid you should be able to reenter. Other factors may apply so please contact our office before any international travel departure to double check. Your H-1B petition will also be impacted.
My OPT will expire sometime after the H-1B petition is filed (after April 1). I am eligible to renew it for 24 more months. Should I renew it?
Yes. Until you know for sure your H-1B petition was selected and approved, we recommend that you renew your OPT with USCIS before it expires.
I am working on my last two years of STEM OPT but I was NOT selected in the H-1B lottery.
Finish working on the remaining OPT. We will evaluate alternative visas with your employer. If all options are exhausted, you may have to leave the U.S.
My OPT expired before April 1. I was selected in the H-1B lottery and on April 1, I would still be within my 60-day grace period. May I work while the H-1B petition is pending?
No, you are NOT authorized to work during the grace period. If an H-1B petition was filed, you can wait in the US during those 60-days grace but will have to depart the US prior to your grace period expiring Once the H-1B petition is approved, we will provide instructions for your return to the U.S. on H-1B visa status.
My OPT expires between April 1 – September 30. Can I still work during this period?
If your H-1B registration was selected and the H-1B petition was filed prior to your OPT expiring, then yes, you may still work. Please check with your DSO to ensure you receive an H-1B Cap-Gap updated Form I-20. If you were not selected in the lottery, you may not continue to work after your OPT expires.
I’m working in OPT on my first year but my employer is not paying me. How will this impact my H-1B petition since I won’t have a paystub to provide to you?
So long as you are working for the employer indicated on your Form I-20, you should be fine. We can still file the petition without the paystubs.
I’m working in OPT on my final 24 months (STEM) but my employer is not paying me. How will this impact my H-1B petition since I won’t have a paystub to provide to you?
We can still file the petition without the paystubs but your employer should be paying you the wage that was indicated on the Training Form I-983.
How can I tell if my H-1B was filed as a change of status from F-1 to H-1B?
If we asked for your paystubs or other methods to prove you maintained valid status F-1, then we likely prepared your H-1B petition as a change of status. If you are in F-1, this is usually our default- unless you indicated you may travel internationally near or after April 1, 2024.
QUESTIONS FOR OTHER TEMPORARY WORKERS
I’m here in the U.S. in another nonimmigrant status (E-1, E-2, E-3, TN, L-1, O-1, H-4 EAD). If I am selected in the lottery, can my H-1B petition be filed as a change of status to H-1B status?
This would depend on whether your status is contingent on your spouse’s visa and maintenance of status, , your need/desire for international travel, your family situation, and general visa issuance rules. The short answer is Yes, we can file the H-1B petition as a change of status, but there may be extenuating circumstances where we may recommend filing the H-1B petition as a free petition (consular process) where, if selected and approved, the H-1B petition would not impact your current work status and would only become “activated” at a later time when convenient for you, your family, etc. You would “activate” the H-1B by applying for a visa stamp abroad and re-enter the U.S. with the H-1B visa.
My spouse is the one who was sponsored for a work visa to work in the U.S. I am here as their dependent. While my H-1B is pending with USCIS, my spouse and I decide to separate. How will this impact my pending H-1B?
Until a legal divorce is finalized, you would remain in valid status so long as your spouse maintains their employment with their employer. If selected, USCIS will continue to review the merits of the H-1B petition. If USCIS has questions regarding your status, it will request more evidence. This is normally not a substantive reason for concern. If your personal circumstances change, please be sure to reach out to our team for further guidance. (Please, no hypotheticals. Please contact us in the event of actual life changing events.)
MORE QUESTIONS?
You want to start a green card process?
Please escalate to your supervisor and your HR to initiate that conversation. We do not have authorization to initiate your green card until HR grants us authorization to do so.
Impending emergent international travel question?
Please email us as soon as you know you must travel so that we can advise on your ability to return to return to the U.S., delays abroad, risks, etc. We cannot respond to urgent queries if you plan on traveling in a day or two.
Do you have more questions that were not addressed in this FAQ?
H-1B lottery season is especially busy for us because we are processing hundreds of emails and questions. We thank you for your patience. If your question is not urgent, please consider contacting us after April 1. Please do not send us hypothetical “What If” questions. Thank you.