FY 2026 H1B Lottery Completed with Higher Selection Rate

 

On March 31, 2025, USCIS announced that it had completed the initial selection process for FY 2026 H-1B cap-subject petitions, marking a crucial milestone in the annual lottery system that governs one of the most sought-after employment-based visas in the United States.  The selection rate is significantly higher than last year, which can be attributed to the drastic increase in registration fee from $10 to $215 this year.  What should the selected candidates need to do next? And what options remain for those who were not selected in the lottery?

The FY 2026 H-1B Lottery: What Happened?

USCIS has confirmed that the initial registration selection process has concluded, and notifications have been sent to employers and legal representatives via their online accounts.  The parties should download the selection notices and safekeep it for filing. 

As in previous years, USCIS used a random lottery system to select enough registrations to meet the regular cap (65,000) and the advanced degree exemption (20,000), known as the master’s cap. 

Selection Rate for FY 2026?

As of now, USCIS has not released official statistics regarding the number of registrations received or the selection rate for FY 2026. However, unofficial sources mention approximately 30 to 40% selection in this first round. While this figure gives a rough sense of the scale, it should be treated as unconfirmed until USCIS releases formal data.  Many of these estimates are based on small sample sizes only. 

What Happens Next for Selected Registrants?

If your registration was selected in the FY 2026 lottery, your employer may now file an H-1B cap-subject petition on your behalf during the designated filing period, which typically starts on April 1, 2025 and runs for 90 days.  Selected applicants should focus on: 

• Gather Supporting Documents – These include academic credentials, work experience documentation, LCA (Labor Condition Application), job offer letter, and more.
• Work with an Immigration Attorney – Ensure all documentation is accurate and complete to avoid RFEs (Requests for Evidence) or denials.
• File Within the Time Window – USCIS will only accept petitions for selected beneficiaries during the specified filing window.

Options for the Unselected

For the many applicants not selected in the first round of the H-1B lottery, all hope is not lost. Here are some potential paths forward:

• Second Round of Lottery: If USCIS does not receive enough H-1B petitions to meet the cap from the first-round selectees, it may conduct a second (or even third) lottery, as it has done in past years. So, maintain access to your registration account and stay in contact with your employer or attorney.

Alternative U.S. Visa Options which include: 

• F-1 OPT/CPT Extensions – If you're an F-1 student, STEM OPT extensions may give you more time.  CPT can be an option but you must follow the regulations carefully.
• L-1 Visa – For employees of multinational companies, they may consider a transfer to the U.S.  This option is only available for executives, higher level managers, and also employees with specialized knowledge.
• O-1 / EB-1A Visa – For individuals with extraordinary ability in science, education, or business, they should definitely purse the O-1 visa and also the EB-1A immigrant visa option.
• TN Visa – For Canadian and Mexican nationals under NAFTA/USMCA, they may also consider applying for a TN visa.. 
• Cap-Exempt H-1B – Jobs with qualifying nonprofit or academic institutions may be exempt from the cap.

Also think Global Opportunities:

Applicants may consider working for your U.S. employer from abroad while exploring future H-1B or L-1 opportunities, the employer has overseas offices and operations.  Also consider company transfers to countries with more flexible immigration policies (e.g., Canada, UK, or Ireland).

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

H-1B Cap Program Officially Closed by USCIS

 

Today, USCIS has officially closed the H-1B cap visa program for FY 2025.  USCIS announced today that it has received enough petitions to reach the 65,000 H-1B regular cap and the 20,000 H-1B master’s cap, for this fiscal year.  Non-selection notices will be sent out to registrants through their online accounts over the next few days. 

 

 

USCIS announced the closure of second H-1B lottery

 

USCIS announced on 08/05/2024 that the second H-1B lottery has been completed.  The agency has selected enough number of cases to fill both the regular and advanced degree H-1B visa caps.  USCIS has not yet released the statistics for second lottery.  The statistics for the first lottery is here. 

USCIS announced 2nd H-1B lottery for regular cap!

 

USCIS just announced today that it will conduct a second random selection for FY 2025 H-1B program.  The second drawing will only be for regular cap, as all 20,000 advanced degree visa numbers have been used up. The results should be announced in registrants' online accounts soon.  Keep in touch with your employers and lawyers for updates!

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

A Second Drawing for H-1B Lottery?

USCIS released the number of H-1B registrations for H-1B FY 2025 recently.  The government received 470,342 eligible registrations for this year’s lottery, representing a 38% decrease from 758,994 entries last year.  The number of H-1B applicants participating in the lottery is quite stable. Approximately 442,000 workers applied this year, compared with 446,000 last year.  Similarly, the number of employers this year was approximately 52,700, comparable to last year's number of  approximately 52,000. 

Significantly, the number of eligible registrations for workers with multiple registrations dropped significantly from 408,891 last year to 47,314 this year. This indicates that the government's "one-person-one-chance" policy is effective. 

Is a second drawing possible? Last year, USCIS selected 110,791 registrations in the initial drawing for FY 2024, which is lower than previous years, because the agency expected a higher anticipated petition filing rate last year and also higher approval rates of H-1B visas by overseas consulates.  As a result, a 2nd drawing was needed to use up the H-1B cap.  This year, USCIS selected 120,603 registrations in the first draw, which is also a smaller number than in previous years.  Because selection is based on unique beneficiaries, USCIS again expected a higher petition filing rate this year.  However, 120,603 is 9,812 greater than last year's initial number, leaving less visa numbers for a second draw.

However, a second drawing is still a real possibility based on economic data and anecdotal evidence.  The recent numbers of initial unemployment filings are on the rise, indicating that the job market is finally cooling down. We have clients who are considering dropping some selected cases for workers who are non-performers. Hence, it is likely that the petition filing rate may not be as high as anticipated.  If so, there may be unused H-1B visa numbers after the initial filing window ending in June is closed.  Of course, this is a double-edge sword, a deteriorating economy may also mean that employers are less likely to continue sponsorship even if a worker's registration is selected in the second drawing.  

(Source: USCIS.gov)

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

Other Alternatives to H-1B Visa

 

The initial H-1B random selection process was completed in late March.  USCIS has not officially released the number of H-1B registrations and selection total.  However, based on unofficial estimates, the number of H-1B applicants continue to be sky-high.  This year, USCIS implemented a new policy which prohibits the entering of multiple registrations for the same employee, which should have improved the chances for selection.  Still, based on statistics gathered so far, the overall selection rate is still undesirable.

For the unselected foreign students and workers, they must now face the harsh reality of their future. This article presents some alternatives that they may consider based on their background and qualifications:

Practical Training Employment

For some foreign students with a STEM degree, continue working with their STEM OPT employment authorization may be the best option. While waiting for the next year's H-1B lottery, they may continue working for their employers.  They must work for an employer who is e-Verified.  Some universities offer internship an co-op employment opportunities.  Enrolled F-1 students may participate in these programs through Curriculum Practical Training (CPT) authorization.

Extraordinary Ability O-1 Work Visa

For individuals with outstanding qualifications or a strong STEM background, the O-1 extraordinary ability visa may be an option. The O-1 visa requires substantial proof of one's qualifications and achievements. O-1 is a temporary work visa approved for up to 3 years each time, and can be extended indefinitely.  Please see our previous article for details of the O-1 visa.

Employer-sponsored Green Card

Rather than relying only on H-1B, one may also consider applying for their green card directly, if their employer is ready to start the application process. There is no requirement that one must be in H-1B status first before applying for their permanent resident status.  For applicants born in countries with available visa numbers, their green cards could be approved relatively quickly.  However, they must maintain their lawful status until they are able to submit their final green card application.

Self-Petitioned Green Card

Without sponsorship by a U.S. employer, a foreign worker may also file a self-petition for their green card if qualified.  For example, they may apply for a green card under the EB-2 visa category with a National Interest Waiver (NIW).  The applicant must prove that their immigration will serve an important interest of the United States.  USCIS has encouraged qualified individuals with a strong STEM background to apply.  Please see our previous article for details of an NIW application. 

EB-1A Extraordinary Ability petition can also be filed by a foreign applicant without employer sponsorship.  It is similar to the O-1 work visa with even more stringent requirements.  One must submit evidence to demonstrate that they have risen to the very top of their field of endeavor. Proof of sustainted national or international acclaim is also required.  Not only scientists or researchers can submit EB-1A petitions, professionals in other fields such as art and design, business, education, health care, engineering, etc., may also qualify.  When in doubt, one should obtain a professional evaluation of their qualifications. 

E-2 Visa

For entrepreneurs who are interested in starting up a small business in the U.S., the E-2 Treaty Investor visa may be the answer.  Their spouses and children may also live, work and study in the U.S. To apply for an E-2 visa, one's country of citizenship (not birth) must have a commerce treaty with the U.S.  Most European and Asian countries are eligible.  Please see our previous article for details. 

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

Update of H-1B Cap Lottery Results

USCIS started to release selection results on 3/27, which was earlier than in previous years.  Selection results have continued to show up in the new H-1B registration portal through today, 3/30.  USCIS has twitted that selection results will continue to be released through Monday, 4/1.  However, the majority of selections should have been released today.  Applicants may check with their attorneys and employers to obtain updates of the selection results.  Based on our law firm's data and also anecdotal accounts, the overall selection rate this year hovers around 25%, with a lot better odds for advanced degree holders.  A second drawing may occur in the summer, if USCIS does not receive enough qualified H-1B petitions during the initial filing window through the end of June.  Stay tuned for further details. 

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

H-1B Cap Registration Deadline Extended; Results to be Released on 03/31/2024

 

    Photo:askhamdesign

Due to some system glitches and outstages, USCIS has decided to extend the initial registration deadline for FY 2025 H-1B cap from 03/22/2024 to noon EST 03/25/2024. Employers and their attorneys may still register H-1B applicants in the USCIS system till Monday. 

This year, USCIS launched new myUSCIS organizational accounts in the H-1B registration system, allowing multiple personnel within an organization, and their legal representatives, to collaborate on and prepare H-1B registrations. There has been intermittent system issues reported by users.  As a result, upon requests for employers and practitioners, USCIS has decided to extend the deadline till 03/25/2024.

However, USCIS still intends to release the lottery results by 03/31/2024. Results are typically released in form of status changes in an applicant's registration entry.  If seleced, an applicant's status is changed from "submitted" to "selected".  Applicants should keep close contact with their attorneys and employers to get updates of the lottery results.  Subsequent drawings are possible if the H-1B visa cap has not been reached. 

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

H-1B Cap Registration to Begin on March 6

 

USCIS announced the H-1B annual cap registration schedule for FY 2025.  The registration period will run from noon March 6 to noon March 22 (EST).  After the registration window is closed, USCIS will move on to the lottery phase.  Employers may start registering their accounts on February 28.  New organizational accounts with additional features will be implemented this year.  The results of the H-1B visa lottery will be released soon after. This year, the results will likely be released over the March 29-31 weekend.  The following is an approximate application timeline.  Interested employers and applicants should start the preparation immediately. 

Application Timeline FY 2025

Timeline­*	What to Do or Expect
January – Early March	Recruit H-1B employees, consult with attorneys Evaluate the “specialty occupation” position you plan to file for, and determine job duties and requirements Gather employer/employee documents and other supporting docs
February 28 - March 6	H-1B employers/attorneys to create USCIS accounts.
March 6 - March 22	Attorneys/Employers to enter H-1B registrations online Employers to verify / approve registrations Attorneys/Employers to submit H-1B registrations
Mid-March – End of March	USCIS to conduct 1st electronic random selection ("lottery") Results of 1st draw will be released between 3/29 to 3/31
April to June	Attorneys/employers to submit complete H-1B petition with LCA to USCIS (for first batch of the selected applications)
April and onward	USCIS to adjudicate H-1B petitions Respond to any Request for Evidence (RFE)
Mid-August	USCIS may conduct a 2nd H-1B lottery to use up any leftover visa numbers
Mid-August – Mid-November	Submit complete H-1B petition with LCA for candidates selected in the 2nd lottery to USCIS
September/October and onwards	USCIS continues to adjudicate throughout this time Change of Status Employees may start working in H-1B status upon approval starting October 1 Consular Processing Employees to apply H-1B visa stamp for entry to commence H-1B employment

* Part of the timeline is estimated based on previous year's schedule.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

FY 2025 H-1B Lottery: New Rule Should Improve the Odds for Selection

 

Around this time every year, our office receives many calls and inquiries about the upcoming H-1B lottery. Yes, it is hard to believe that the annual H-1B filing season is just around the corner. The computerized random selection process (aka "H-1B lottery") for Fiscal Year 2025 will take place in less than 60 days. USCIS announced some enhancements to the H-1B registration and selection process, including creation of organizational accounts and also measures to counter fraudulent registrations. As a result, applicants should see significant improvement in the odds of selection.

Congress created the H-1B visa program in 1990 to enable American employers to hire foreign nationals to work in specialty occupations. The law also limited the number of H-1B visas issued per fiscal year at 65,000. In 2004, Congress added 20,000 additional H-1B visas to foreign nationals holding a master's or higher degree from qualified U.S. universities. Despite the increase in visa numbers, they are insufficient to meet the demand for skillful foreign workers. As a result, USCIS implemented a computer-based random selection process every year to select cases for further processing.  Employer must first register the case electronically with the USCIS with some basic information about the employer and employee.

Unfortunately, the electronic selection process has been misused by some applicants. The most notorious abuse has been the use of multiple registrations for the same beneficiary to increase the chances of selection in the visa lottery. Although an employee/beneficiary could be registered by more than one employer on the system, each registration must be based on a real job offer. Instead, many applicants and employers take advantage of the system by entering multiple entries in the system for the same individual without real job opportunities. For example, for FY 2023, 2 beneficiaries had 75 or more registrations entered for them; 5 beneficiaries had 50 or more registrations; 108 beneficiaries had 25 or more beneficiaries, etc. As a result, applicants with real job offers suffered due to the reduced probability for selection.

To counter such base, USCIS promulgated a new rule on 10/23/2023 to modernize the H-1B program, including provisions to treat each beneficiary's entry to be unique, regardless of how many registrations have been entered for them.  As a result of this change, applicants should expect to see huge improvements in the selection rates.  

Again, take FY 2023 as an example, USCIS announced that there were totally 474,421 eligible employee registrations. In the 10/23/2023 modernization rule, USCIS reported the actual total number of beneficiaries in 2023 was only 357,272, of which 307,483 had only one entry and 49,739 had 2 to 75 more registrations. These additional registrations entered for these 49,739 beneficiaries amounted to 165,180.  The net effect is that 117,199 additional registrations were entered.  If the unique entry rule had been in effect for FY 2023, the number of unique registrations for these employees would have been 49,739 only, instead of 165,180. And we would be looking at 357,222 total registrations instead of 474,421 or about 32.8% less registrations. 

Of course, the above is just a simplified version of what could have happened.  Since each year's specific numbers are different, it is almost impossible to predict with accuracy the actual results for FY 2025.  In FY 2024, we had 758,994 total eligible registrations.  USCIS has not yet announced the exact number of beneficiaries and breakdown of the actual registration counts and, hence, further analysis is not possible.  Other variables include the visa usage by the H1B1 visa program, actual petition filing rate by selected registrants, number of denials due to substantive or technical errors, etc.  It should also be noted that the 32.8% improvement in odds is only a comparison with the situation in previous years in which multiple entries for the same beneficiary were allowed; it is not an absolute improvement in the odds of the H-1B lottery itself, which is still determined by the actual number of eligible beneficiary registrations and the fixed H-1B visa cap of 85,000.  

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

SEVIS Termination After Cap H-1B Consular Processing Approval?

Every year, many F-1 international students are named as beneficiaries in cap H-1B petitions to seek employment authorization. There are multiple ways H-1B status can be granted to an F-1 student. Most H-1B employers request that the F-1 student be granted a change of status from F-1 to H-1B. In this case, the student's status will be changed from F-1 to H-1B seamlessly. 

If the prospective H-1B worker is outside the U.S., employers will request the approval notice to be sent to an overseas U.S. consular office, so that the employee may apply for an H-1B visa to enter the U.S. to commerce H-1B employment. This process is known as “consular processing”. 

While consular processing usually is requested for employees who are outside the U.S., some F-1 students may choose this route even if they are staying in the U.S.  One reason for this decision is that they want to exhaust the OPT/STEM OPT period before starting the H-1B employment period.  

In this situation, the SEVIS record should continue to reflect the student's F-1 or OPT status. However, there are still numerous reports that students' F-1 SEVIS records got automatically terminated on October 1st, even though consular notification was requested and approved in their H-1B petition. Several of our clients also encountered this issue recently. 

For example, one of our clients was currently in the last semester of his academic program, and had a cap H-1B consular processing approval. He was surprised to find out from his school that his F-1 SEVIS record was terminated on October 1st, 2023. Since his H-1B status was not yet effective, he suddenly became out of immigration status. Another client, who recently received her OPT work authorization and opted for consular processing, also received notice that her F-1 status would be terminated because of the H-1B approval. This means she would lose the unused portion of her OPT employment authorization.

If this happens, an F-1 student should contact their school DSO and/or program advisor immediately, and request the officer to perform a "data fix" to the SEVIS record to correct such mistakes in a timely manner. School DSOs should submit a data fix ticket to the SEVIS helpdesk for the correction. An I-797 approval notice reflecting the consular notification would usually be required in a data fix request. The specific language they should be looking for on the notice would be "(t)he above petition has been approved, and notification has been sent to the listed consulate". 

While the erroneous F-1 termination could be frustrating and terrifying, F-1 students should stay calm and take immediate action. Otherwise, their status and work authorization will be jeopardized, and a formal F-1 status reinstatement, which is more complicated and time-consuming, would be required. When in doubt, be sure to reach out to an experienced immigration attorney for advice and assistance.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

DHS Proposal to Modernize H-1B Program: Self-Petitions Allowed

 

On 10/23/2023, the Department of Homeland Security (DHS) unveiled a significant rule titled "Modernizing H–1B Requirements, Providing Flexibility in the F–1 Program, and Program Improvements Affecting Other Non-immigrant Workers." This rule, with potential far-reaching implications, proposes a host of changes to the H-1B visa program, which will be the focus of this article. 

H-1B cap lottery:  Each beneficiary will be considered a unique entry for the visa lottery, regardless of the number of registrations that have been entered on their behalf.  Registrations by related entities are prohibited.

Revised definition of an H-1B employer:  DHS abandons the common-law definition of an employer. Instead, a petitioner-employer must have a bona fide job offer for the beneficiary to work within the U.S., a legal presence and is amenable to service of process in the U.S.  

Codified employer-employee relationship: A petitioner needs to only prove that it has the authority to hire, pay, fire, supervise, or otherwise control the work of the beneficiary.

Bona-fide offer of employment: Contracts, agreements, work orders, etc., can be requested to prove the existence of a bona-fide job offer.  Bona-fide job offers may include ‘‘telework, remote work, or other off-site work within the U.S.’’

Self-petitions Allowed:  The rule allows a beneficiary to own or control the petitioning entity.  The beneficiary may spend time directing and managing the operations of the entity, as long as the beneficiary will perform specialty occupation duties a majority of the time. However, DHS will only approve the first two petitions filed by such beneficiary-owner for a maximum of 18 months.  

Definition of specialty occupation clarified: An occupation “normally” requiring a bachelor’s degree doesn’t mean that it must “always” require a bachelor’s degree.  Further, a broad range of degrees can be required for a specialty occupation, so long as the subjects of these degrees are related to the specialty occupation.

Third party placement: If an employee is placed to work at a third party client's organizational hierarchy, the job duties of the third party client will be used to determine whether the position is a specialty occupation. 

Deference to prior approvals:  The rule will codify the policy of giving deference to prior adjudications of H-1B and other non-immigrant petitions, if there have been no material changes in facts and circumstances. 

Cap-gap extension extended: The rule proposes to extend the current gap-gap extension end date from October 1 to April 1 of the following year, while F-1 students are waiting for their H-1B petitions to be adjudicated.  

Evidence of maintenance of status:  H-1B petition must be filed with proof of the beneficiary's immigration status, including copies of recent pay stubs and W-2 annual pay statements. 

Redefining “nonprofit research organization” and “governmental research organization”:  The rule proposes to replace “primarily engaged” with “a fundamental activity of”.   Hence, a nonprofit entity that conducts research as a fundamental activity but is not primarily engaged in research can also meet the definition of a nonprofit research entity. 

The public has 60 days to comment on the proposed rule, and it will take longer for DHS to consider these comments and finalize the rule.  However, DHS has indicated that H-1B cap anti-fraud provisions are a priority, so those provisions may be finalized first before the 2024 H-1B lottery. Stay tuned for further details.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

H-1B 2nd Draw Completed - 3rd Draw Possible

 

As usual, USCIS swiftly completed the second FY 2024 H-1B drawing over the weekend, right after their initial announcement last Thursday.  Text notifications were sent to the employer and attorney accounts for selected registrations.  Our law office was actively monitoring the process from Friday to Sunday and sending updates to our clients to share the good news. We are thankful that quite a few of our clients' registrations were selected in the second draw. For those who are not selected, we are hopeful for a third draw later this year, although the chance could be small.

For FY 2024, there were a total of 758,994 eligible registrations submitted, of which 350,103 were for beneficiaries with one registration only and 408,891 were for beneficiaries with multiple registrations.  According to USCIS, a total of 188,400 selections have been made through 07/31/2023, from both the first and second draw.  There were 110,791 selections from the first draw and 77,609 selections from the second draw – which is a significant number.  According to the statistics of our law firm, the selection rate of the second draw was about 8%.  

Source: USCIS Public Engagement

USCIS emphasized that it will continue to identify fraudulent registrations submitted by related parties for the same applicant.  In fact, USCIS has already issued formal requests for evidence on or denied H-1B petitions for this reason.  Hence, it is possible that there may still be visa numbers left behind after the 2nd draw, as multiple-filers are likely to refrain from filing a petition even if they were selected.  Still, USCIS has already made 188,400 selections, and there are only totally 85,000 H-1B visa numbers for this fiscal year.  If there are leftover visas, the number would be a small one.  But, as always, we do our best and hope for the best for our clients.  For those who are not selected, our office tries to offer them other alternative solutions to maintain their legal status and / or obtain legal authorization to work in the United States. 

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

H-1B CAP Second Draw After 6/30 Deadline?

 

The deadline for filing cap H-1B petitions based on the first drawing is just around the corner.  Employers must submit complete H-1B petitions to USCIS Service Centers by June 30, 2023.  If your case was selected in the first draw, consider yourself very luck.  The selection rate in the first draw was about 15% only.  Work with your employers to get your complete H-1B petitions submitted as soon as possible. Do not wait until the last minute.  Murphy's Law says that anything that can go wrong will go wrong, usually at the worst possible moment.  Human errors or bad weather can result in unexpected delays.

The low selection rate in the first draw raises another question: would there be a second draw this year?  Very likely.  The low selection rate means that there are many instances of multiple registrations for the same employee this year.  USCIS reported that more than 400,000 registrations entered are for beneficiaries with multiple registrations. These individuals were selected multiple times based on selections by different employers. They cannot possibility take advantage of all their selections to file an H-1B petition.  As such, it is very likely that many selections will be abandoned, leaving additional visa numbers for a second draw.

Another factor that comes into play is the U.S. government's intent to crack down unlawful means to game the system. Specifically, the DHS is actively investigating situations in which related employers working together and entering multiple registrations for the same applicant. The goal was to increase the chance for selection.  As a result, some selected registrations could be voided or cancelled by USCIS, if they are found to have been submitted by related employers.  As of now, it is unknown how many registrations are affected by this law enforcement efforts.

If there is a second draw, it is likely to happen very soon in July after the filing deadline of the first draw. Employers should pay attention to their myUSCIS account to watch out for any updates or changes in registration status.  If an employee's registration is selected, USCIS will first notify the employer through an update of the case status. The actual selection notice will then be uploaded in the system and also mailed to the employer soon after. 

If you are waiting for the results of the second draw, there are things that you can do to prepare for it.  Have your passport, I-94, and also educational documents ready.  Request for an official transcript from your college if you don't have a copy yet. Make sure that your Form I-20s are updated with correction information. Other documents including your Optional Practical Training (OPT) documents, pay statements, W-2 salary reports, etc., would also be required for your H-1B filing. 

The filing window of the second draw, if there is one, will be close to October 1st, the beginning of the fiscal H-1B employment period.  Stay in touch with your employer and school DSO to make sure that quick actions can be taken if you do get selected in the second draw.  If you have any questions, consult with an experienced immigration attorney. 

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

USCIS extends H-1B cap registrations until Monday

Due to system issues, the H-1B cap registration system was down for most of the yesterday. As a result, USCIS extended the deadline for registration until Monday, 3/20/2023, at 5:00 PM EST.  

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

How to Improve Your Odds in the H-1B Lottery

 

By Paul Szeto LLC

The annual H-1B cap lottery will kick off on March 1, 2023.  The number of registrations has increased drastically in the past three years to 483,927 in FY 2023.  On the other hand, the percentages of the total number of selections have decreased every year to 26.37% in FY 2023.  As the expectation of a recession looms, some mega tech firms have announced layoffs recently, which may signal a reduction in the number of total registration this year. However, given the limited number of available H-1B cap visa numbers, competition will likely remain intense. 

The following are some tips to improve the odds of getting selected in the H-1B lottery:

1) Apply as early as possible:  If you have already secured a job offer and ready to enter the lottery, do not delay.  Immediately work with your employer and attorney to review and organize all documents and information to resolve any issues.  Employer should create a USCIS account on 2/21 or as soon as possible. Similarly, do not delay in entering your registration on the system.  System glitches and other technical issues may prevent users from entering their registrations at the last minute.

2) Enter multiple registrations:  If you have received multiple job offers from different employers, encourage them all to register you in the H-1B lottery to increase the odds for selection.  It is illegal for the same employer or related employers to enter the same employee in the system. However, there is nothing wrong with multiple registrations if each of them represents a legitimate job offer.  

3) Double, triple check everything:  The worst thing that can happen to an H-1B candidate is that, although selected in the lottery, she is not able to obtain H-1B status because of a typo or technical error.  Common issues include wrong employer ID number, mismatch of educational level, missing of filing deadline, unqualified degree, etc. Unfortunately, USCIS is not likely to forgive technical errors, regardless of how harmless or sympathetic they may be.  If possible, ask to review the applications and documents. Do not completely trust your employer or attorney.

4) Apply under advanced degree:  There is an additional 20,000 visa numbers for candidates who've earned a U.S. advanced degree.  Even if you've not completed the degree yet, you may still qualify if you are able to obtain proof of completion by the time the H-1B petition is filed (which is a few months after registration). However, the degree must be a qualified one. 

5) Maintain lawful status:  Failure to maintain one's lawful status could result in denial of your H-1B status and/or visa.  Double check with your DSO or attorney regarding the F-1 student visa requirements as well as the OPT practical training requirements.  Follow all requirements and deadlines.  If you qualify for STEM OPT, apply as early as possible. Do not assume that, once you are selected in the H-1B lottery, you do not need to maintain your status.  

6) Double-check the legitimacy of your employer:  This may sound silly, but there are unscrupulous individuals and employers out there who prey on the needs of foreign students.  Confirm that your sponsor has real and ongoing business operations.  Do not pay agents or employers for them to enter you in the H-1B lottery. 

7) Watch out for 2nd or 3rd drawing:  For FY 2021 and 2022, USCIS conducted a second and third drawing to select additional cases for processing. There was only one drawing last year, probably due to the drawing of a sufficient number of selections in the first draw. A second and third drawing may be available this year.  Hence, do not give up if you are not selected in the first draw. Keep in contact with your employer and attorney. 

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

H-1B CAP Registration Begins 3/1/2023

 

Today, USCIS announced the H-1B annual cap registration schedule for FY 2024.  The registration period will run from March 1 to March 17.  If sufficient number of registrations are received by March 17, USCIS will close the registration window and move on to the lottery phase.  Employers may start registering their user account on February 21.  The results of the H-1B visa lottery will be released on or before March 31.  The following is the approximate application timeline.  Interested employers and applicants should start the preparation now. 

Application Timeline

Timeline­*	What to Do or Expect
January – Early March	Recruit H-1B employees, consult with attorneys Evaluate the “specialty occupation” position you plan to file for, and determine job duties and requirements Gather employer/employee documents and other supporting docs
Late February	H-1B employers/attorneys can start creating USCIS accounts starting noon EST on 2/21/2023.
Early March – Mid March	Employers recognize attorney’s representation (if any) in USCIS system Complete H-1B Registration online Noon EST on March 1 - noon EST March 17, 2023
Mid-March – End of March	USCIS to conduct visa lottery and send out notifications to selected applicants by March 31, 2023
April to June	Submit complete H-1B petition with LCA to USCIS (for first batch of the selected applications)
April and onward	USCIS to adjudicate H-1B petitions Respond to any Request for Evidence (RFE)
Mid-August	USCIS may conduct a 2nd H-1B lottery to use up any leftover visa numbers
Mid-August – Mid-November	Submit complete H-1B petition with LCA for candidates selected in the 2nd lottery to USCIS
October and onwards	USCIS continues to adjudicate throughout this time Change of Status Employees may start working in H-1B status upon approval starting October 1 Consular Processing Employees can obtain H-1B visa upon approval to enter the U.S.

* Part of the timeline is estimated based on previous year's schedule.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)