USCIS Completes FY 2027 H-1B Initial Selection: The Dawn of the Wage-Weighted Lottery

 

The wait is finally over for thousands of prospective employers and foreign national professionals. USCIS has officially announced that it has successfully completed both the regular and advanced-degree lotteries, meeting the annual quota of 85,000 H-1B cap beneficiaries (65,000 standard cap and 20,000 master's cap). All selected registrations should have been updated in the employer's online account.

Although USCIS has not yet published the official registration statistics for this year, the FY 2027 lottery represents a seismic shift in U.S. immigration policy. Based on early predictive modeling, the estimated probabilities of selection for the regular cap are approximately 10–15% for Level 1, 25–30% for Level 2, 50–55% for Level 3, and 70–80% for Level 4. For the master's cap, the projected selection rates are significantly higher, sitting at roughly 20–25% for Level 1, 40–50% for Level 2, 65–75% for Level 3, and an impressive 85–95% for Level 4.  

This year, our firm achieved an overall selection rate of 43%, with the majority of our registrations falling under the master's cap. The breakdown by wage level is: Level 1: 23%; Level 2: 50%; Level 3: 100%; and Level 4: 33%. Surprisingly, we had three Level 4 registrations that were not selected. However, since our sample is statistically small, we cannot draw any meaningful interpretations from it.

                             

What Happens Next for Selected Beneficiaries?

If you or your prospective employee were selected, employers must log into their myUSCIS accounts to view the selection notices. Beneficiaries cannot check their status independently; notifications go directly to the employers or their immigration attorneys.

For selected beneficiaries, the H-1B petition filing window is officially open from April 1, 2026, through June 30, 2026. Preparers will face new administrative hurdles this year, as USCIS has mandated the use of a new Form I-129 (edition date 02/27/26) which requires expanded wage data. It is critical that the full petition contains the exact same identifying information, position details, and valid passport or travel document submitted during the initial registration. Because USCIS has explicitly stated it will scrutinize petitions for any mismatches, employers and legal practitioners should brace for an increased volume of audits, site visits, and formal Requests for Evidence (RFEs).

Second Lottery?

Some candidates still harbor hopes for a second draw in the summer.  It is important to note that a second lottery is not guaranteed.  For example, there was none last year.  A second lottery may be unlikely this year due to several reasons.  For one,  a higher percentage of the selectees are at level 3 and 4 wage. Because these selections are tied to highly paid, concrete roles with committed corporate budgets, employers are far less likely to abandon the petition after selection. This lower "drop-off" rate means USCIS is more likely to hit its 85,000 quota on the first try.  Further, USCIS usually selects a surplus of registrations because it already anticipates that some employers will decide not to file, candidates will decline job offers, or petitions will be rejected for technical reasons. Finally, the "beneficiary-centric" rule implemented by the agency also drastically reduced duplicate registrations and fraud, creating a much cleaner applicant pool.

For individuals who were not selected in this year's lottery, it is critical to have alternative immigration strategies in place. As we always advise our clients, proactive planning is the key to a successful U.S. immigration journey.

(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 Lottery: Why Level 1 Applicants May Still Have a Fighting Chance

 

As the H-1B cap registration for Fiscal Year 2027 officially opens this March, anxiety is high among international students and foreign professionals. The most significant change this year is the implementation of the "Wage-Weighted Selection System." Under this new rule, higher wage levels receive more "entries" into the lottery: Level 4 applicants get four chances, while Level 1 applicants—typically entry-level professionals—get only one.

While many Level 1 applicants feel their chances are slim, a closer look at several converging factors suggests that the overall number of entrants may drop so significantly that the odds for Level 1 candidates might not be as dire as they appear.

1. The $100,000 Supplemental Fee for Overseas Petitions

A major deterrent for employers this year is the new $100,000 supplemental fee imposed on H-1B petitions involving "Consular Processing" (applicants currently outside the U.S.).

• Supporting Data: Historically, H-1B petitions requesting consular processing have represented a massive portion of the applicant pool. According to USCIS data, "Initial Employment" petitions (which include those from abroad) often account for roughly 35% to 50% of all cap-subject filings.

• The Impact: For most employers, a $100,000 surcharge per employee is a prohibitive cost. This financial barrier is expected to drastically reduce the number of overseas applicants in the lottery, effectively shrinking the "denominator" and increasing the percentage of domestic applicants (such as F-1 students) who get selected.

2. Declining International Student Enrollment

The combination of the wage-weighted system and the current administration’s restrictive immigration policies has cooled the "American Dream" for many prospective students.

• University Reports: Recent data from U.S. universities show a significant downturn in international interest. For the 2025-26 academic year, institutions reported a 17% drop in new international enrollments and a 12% decline in graduate student enrollment.

• The Impact: Fewer international students in the pipeline means fewer applicants entering the H-1B lottery as Level 1 candidates. With the "entry-level" pool naturally thinning out, those who are already here and applying face less internal competition.

3. Layoffs and the AI Revolution Among Mega-Employers

The "Big Tech" companies that traditionally filed tens of thousands of H-1B petitions are no longer hiring at the same scale.

• Job Cuts: Due to a deteriorating economic outlook and a shift in corporate priorities, many mega-employers have implemented major layoffs. Under labor laws, companies undergoing layoffs face stricter scrutiny when filing new H-1B petitions.

• AI Displacement: The advent of Generative AI has begun to automate the very tasks typically handled by Level 1 juniors, such as basic coding and data entry. Consequently, the total volume of petitions for entry-level roles is expected to hit a multi-year low.

4. Why the Odds May Still Favor Level 1

Beyond the reasons above, there are other structural shifts making the lottery more "fair" for the average applicant:

• Elimination of "Multiple Registrations": USCIS has successfully implemented a "beneficiary-centric" selection process, which strictly prevents the "one person, multiple company" gaming of the system that plagued previous years. In FY 2026, the number of multiple-registration beneficiaries plummeted from over 400,000 to under 10,000.

• The "Niche" Advantage: While Level 1 wages are weighted lower, many employers in specialized or non-tech fields (where AI cannot yet replace humans) remain committed to sponsoring their talent, regardless of the higher barriers.

In sum, while a Level 1 applicant has a lower statistical weight than a Level 4, the total pool of registrations may drop from the height of 700,000+ seen in previous years to a much more manageable number. For those already in the U.S. on OPT or other legal status, their chance for selection will likely be higher this year, even if their wage levels are low. 

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

The 2026 H-1B Lottery: A New Era of Weighted Selection and Compliance Scrutiny

 

The 2026 H-1B cap registration period officially opened on March 4. For the first time, the Fiscal Year 2027 cap season operates under a historic "Weighted Selection" system, fundamentally decoupling the odds of winning the lottery from pure chance and tethering them to the wages an employer is willing to pay.

This transformation, however, has created a complex legal landscape. While the new rules offer a path to significantly higher selection odds for those willing to pay a premium, they also bring rigid requirements for occupational coding, fixed work locations, and a forecasted wave of Requests for Evidence (RFEs).

The Weighted Lottery: Strategic Move

The most significant shift this year is the implementation of the Wage-Weighted selection system. Under the Final Interim Rule that took effect on February 27, 2026, the number of entries a beneficiary receives in the lottery pool is determined by the "Registration Wage Level":

• Wage Level I (Entry): 1 entry 

• Wage Level II (Qualified): 2 entries.

• Wage Level III (Senior): 3 entries.

• Wage Level IV (Expert): 4 entries 

According to the final rule and current legal consensus, the wage level selected at the registration stage represents the employer’s commitment to pay a certain salary—it is not a legal declaration of the job’s complexity. An employer can choose to offer a Level 4 salary for an entry-level position simply to increase the candidate’s odds. While the registration wage must be paid, it does not mandate that the job's duties be "upgraded" to meet the senior-level requirements typically associated with Level 4 in a standard Labor Condition Application (LCA).  

The LCA Requirements

While registration is about "willingness to pay," the actual H-1B petition filing (Form I-129) remains tied to the LCA Wage Level. This is where the legal battle for "Specialty Occupation" is won or lost.

The USCIS and the Department of Labor (DOL) have clarified that only the LCA Wage Level—which is determined by the job’s minimum requirements (education, experience, and supervision)—must be justified through the job description.

Employers must adopt a "dual-track" strategy. They register at a high wage level (e.g., Level 4) to win the lottery but file the LCA at the actual level warranted by the role (e.g., Level I or II). The key compliance requirement is that the salary paid must meet or exceed the higher of the two. However, the employer only needs to defend the Level I/II duties to prove it is a "Specialty Occupation."

Fixed Points: SOC Codes and Work Locations

While wages offer flexibility, SOC (Standard Occupational Classification) codes and work locations have become "ironclad" since the registration window opened.

1. SOC Code Integrity: The SOC code selected during registration must match the code on the final LCA and petition. Employers cannot change the codes after being selected. Choosing the wrong code—such as labeling a "Data Scientist" as a "Data Entry Clerk" to save on costs—will lead to an immediate denial during the process integrity audit.

2. Geographic Lock-in: Registrants must list all intended work locations during the registration. Because 2026 prevailing wages vary wildly by county, USCIS will verify that the wage level claimed at registration is the lowest possible level for the offered salary across all listed sites. Any subsequent changes to work locations (such as a move to a more expensive city) may jeopardize the validity of the selection.

The Forecast: RFEs, Audits, and "Process Integrity"

We anticipate a record-breaking year for RFEs and FDNS (Fraud Detection and National Security) site visits. USCIS has launched a new "Process Integrity Framework" specifically to target the following:

• Wage Level Misalignment: If an employer registers at Level 4 but files an LCA at Level I, USCIS may issue an RFE demanding an explanation for the discrepancy. The employer must be prepared to document that the high salary is a "recruitment premium" and not an attempt to manipulate the system.

• Specialty Occupation Scrutiny: Level I petitions will continue to face challenges. USCIS often argues that "entry-level" wages imply the work is simple and does not require a specialized degree.

• Location Audits: With the 2026 rise in hybrid work, USCIS is expected to verify that the beneficiary is actually working at the address listed during registration.

Conclusion

The 2026 H-1B season has replaced the "lottery of luck" with a "lottery of strategy." For employers, the message is clear: You can buy your way to better odds with a higher salary, but your underlying job duties and location data must be bulletproof. Success in this new era requires a "compliance-first" mindset, where the defense of the LCA and other terms and conditions must be secured before the registration button is even clicked.

(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 Lottery - Weighted Selection Process

 

The Department of Homeland Security (DHS) published a final rule in the Federal Register on December 29, 2025, which fundamentally changes the H-1B selection process. This rule replaces the traditional random lottery with a "weighted selection process" that prioritizes higher-paid and higher-skilled workers.

The new system is scheduled to take effect on February 27, 2026, meaning it will apply to the FY 2027 cap season (registration typically occurring in March 2026).

The Change: From Random to Weighted

Instead of every registration having an equal chance, the odds of being selected will now depend on the Department of Labor (DOL) Wage Level associated with the job offer.
The lottery pool will assign "entries" to each beneficiary based on their offered salary relative to the Occupational Employment and Wage Statistics (OEWS) data:

• Wage Level IV (Highest): 4 entries in the pool.
• Wage Level III: 3 entries in the pool.
• Wage Level II: 2 entries in the pool.
• Wage Level I (Entry): 1 entry in the pool.

A Level IV applicant is statistically four times more likely to be selected than a Level I applicant.  For beneficiaries with multiple intended work locations, the employer must determine the wage level (I through IV) for the offered salary at each location. The lottery weighting will then be based on the lowest of those levels. It is important to note that this wage can be different from the LCA wage.

Impact on Master Cap

One critical change is that the 20,000 additional slots for U.S. advanced degree holders will now also follow the weighting system. Historically, advanced degree holders were entered twice: once in the regular cap and once in the master's cap. Now, their "weight" is applied to both pools.  For example, if a Master's degree holder is offered a Level III wage, they are entered into the Regular Cap (65,000) with 3 entries; if not selected, they are enterted into the Master's Cap (20,000) with 3 entries. 

Safeguards Against "Gaming"

To prevent employers from artificially inflating wage levels just to win the lottery, the rule includes several strict provisions:

• Continuation of "Beneficiary-Centric" Selection:  Each person is entered into the selection process only once, regardless of how many employers submit a registration for them. 
• Registration Data Requirements: Employers must now provide the specific SOC code (job category), the OEWS wage level, and the precise area of employment at the registration stage.
• Post-Selection Verification: If selected, the employer must submit evidence that the wage level indicated during registration is bona fide. USCIS has the discretion to deny or revoke petitions if they find inconsistencies or attempts to manipulate the odds.

Early Preparation is the Key

The new weighted selection process means employers must be more vigilant in preparing for the H-1B lottery. It is critical to evaluate cases with immigration counsel early, focusing on the following:

• Formally determine the SOC code and wage level before March registration based on the exact work location(s), as these will be locked into the USCIS system and must match the subsequent petition exactly to avoid denial.
• Maintain contemporaneous proof of prevailing wage data and job descriptions used to justify the selected level.
• Ensure the beneficiary maintains valid status to remain eligible for Change of Status (COS). If the petition must be filed for Consular Notification due to a status gap, the $100,000 supplemental fee will be triggered.
• Be ready to explain any subsequent changes in salary, work location, job titles, etc., to avoid allegations of fraud.
• Audit the current pay scale of employees in the same occupation category to avoid potential pay equity issues.

(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 Silver Lining in the New $100,000 H-1B Fee: Why Lottery Odds May Improve for U.S.-Based Applicants

 

When the administration announced a $100,000 supplemental fee for new H-1B petitions filed on or after 12:01 a.m. EDT September 21, 2025, many U.S. employers were alarmed. The new rule—targeting petitions for workers outside the United States—adds another barrier to hiring international talent.

Yet there may be a silver lining: this unprecedented fee could unintentionally raise the odds of selection in next year’s H-1B lottery for those who still enter—especially for U.S.-based candidates whose filings do not trigger the fee.

Employers may avoid fee-triggering overseas filings

Under the presidential Proclamation, the $100,000 payment applies to new petitions for beneficiaries outside the U.S. who lack a valid H-1B visa, or to petitions requesting consular notification or port-of-entry inspection. Employers who might previously have registered large numbers of offshore candidates could think twice before committing to a filing that now costs an additional $100,000.

Employers may shift their sponsorship focus toward candidates already in the U.S. (who can file a change of status) since those petitions avoid the new fee. This shift could further reduce the share of foreign-based, consular-processing cases in the lottery pool.

Reduced competition means higher selection chances

If thousands of overseas candidates are never registered, the total registration pool may shrink, improving the ratio of selections to registrations for those who remain—especially F-1/OPT holders and other foreign students already in the United States.

The data also supports this observation. Specifically, the government’s annual Characteristics of H-1B Specialty Occupation Workers reports give us an indirect clue. In FY 2022, 38.8% of initial H-1B filings are for overseas consulate processing. In FY 2023, the number jumped to approximately 50%. 

Fiscal Year	% Consular/Port-of-Entry Notification	% Change of Status	Source
FY 2022	38.8 %	59.2 %	USCIS FY 2022 Characteristics Report
FY 2023	~50 %	~50 %	USCIS FY 2023 Characteristics Report

Caveat: Those reports cover all initial H-1B approvals, including cap-subject petitions selected in the lottery, as well as petitions by cap-exempt employers (universities, research institutions, nonprofits); and petitions for previously cap-counted workers.  Hence, the datasets are broader than just the lottery.  Still, these numbers demonstrate that a significant share of H-1B filings involve overseas consular processing. If employers pull back on those filings to avoid the $100,000 fee, the overall number of lottery-eligible registrations should fall significantly. 

Another intervening factor: Wage-based selection system

The same Proclamation introducing the fee directs the DHS and DOL to propose a weighted or wage-based selection system—where higher-paid H-1B offers receive preference.   DHS previewed this concept in a September 2025 proposed rule that would award multiple “entries” to higher wage-level positions.  If implemented, this would complement the $100,000 fee by further skewing selections toward U.S.-based, higher-wage workers, particularly those already on F-1 OPT or STEM OPT.

While the fee is punitive in one sense, the combined policy direction points toward a smaller, higher-wage, domestically sourced H-1B population.  However, while multinational tech or consulting companies could still afford to file abroad and pay higher wages, smaller employers would be at a disadvantage. Also, lower-level positions (especially the non-tech ones) might see little benefit from reduced competition.

Bottom line

Even though the $100,000 H-1B fee creates serious cost and compliance concerns, its deterrent effect on overseas filings could increase lottery odds for those still participating—particularly domestic change-of-status applicants already in the United States.

In that sense, the fee may unintentionally achieve what many frustrated H-1B aspirants have wanted for years: a smaller registration pool, a higher selection probability, and a system that (at least temporarily) favors those already building their careers in the U.S.

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

The 2025 H-1B Lottery: What Employers and Applicants Need to Know

 

        The annual H-1B visa lottery for the fiscal year 2026 will be conducted in March 2025. It is a critical moment for U.S. employers and skilled foreign workers. This annual lottery process determines which applicants will have the opportunity to apply for H-1B visas, a highly sought-after nonimmigrant visa category that allows U.S. employers to hire foreign professionals in specialized occupations such as technology, engineering, finance, and healthcare. In the 2024 lottery, more than 470,000 eligible registrations competed for only 85,000 visas (65,000 regular cap and 20,000 master cap).  Given the competitive nature of the H-1B cap, understanding the latest changes and preparation strategies is essential for both employers and applicants.

Key Changes to the 2025 H-1B Lottery

1. Increased Registration Fee

        Starting in March 2025, the H-1B electronic registration fee will increase from $10 to $215 per beneficiary. This fee increase is part of USCIS’s broader effort to cover operational costs and also discourage frivolous registrations. Employers should account for this cost adjustment when budgeting for multiple registrations.

2. New Beneficiary-Centric Selection Process

        To prevent fraud and duplicate submissions, USCIS will continue to use a beneficiary-centric lottery system. Each beneficiary will only be entered once into the lottery, regardless of the number of sponsoring employers.  This change aims to create a fairer system, preventing individuals from gaining an unfair advantage by securing multiple registrations.

3. Enhanced Anti-Fraud Measures

        Employers must now provide additional verification details to confirm the authenticity of their H-1B registrations.  USCIS will scrutinize registrations more rigorously to ensure compliance with genuine job offers and employer eligibility requirements.

4. Stricter Compliance with Specialty Occupation Criteria

        USCIS continues to refine the definition of specialty occupation to ensure that only those roles requiring highly specialized knowledge qualify.  Employers must provide clear job descriptions and demonstrate that a bachelor’s degree or higher in a relevant field is normally required for the position.

Tips for Employers and Applicants

        In addition to these changes, the Trump Administration is expected to implement tougher standards when adjudicating H-1B petitions.  Employers and applicants should take precautions to avoid denials and/or Requests for Evidence.  

       Employers must prepare job descriptions carefully to ensure that H-1B job roles align with USCIS’s definition of a specialty occupation.  They should also confirm that beneficiaries meet educational and professional experience requirements before submitting registrations.  Many selected cases were denied because the employee lacks the required qualifications.  If an employee is already present in the U.S., their immigration status must be legal in order to change status to H-1B.  Finally, employers should work closely with immigration attorneys to ensure that all registrations comply with the new rules, reducing the risk of rejection.

        Employees much also take actions early on.  First, an employee must ensure that their employer is registered with the USCIS system and is willing to sponsor their H-1B petition.  Next, they should organize their documents carefully, including degree certificates, transcripts, job offer letters, and work experience letters, certificates, etc., in advance.   

        Staying informed on the lottery timeline is also critical:  the H-1B cap registration period will open at noon EST on March 7 and run through noon EST on March 24, 2025 this year.  Employers may only enter employee registrations during this window.

        Prospective applicants should also consider alternative visa options early on.  Given the competitive nature of the H-1B lottery, applicants should also consider O-1, L-1, or employment-based green card options, such as EB-2 NIW or PERM labor application, if they are eligible.

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

Getting Ready for H-1B Lottery in 2025

 

Soon after the New Year celebrations, once again, our firm's attention will be drawn to the annual H-1B filing season, which is expected to begin in March.  For the next few months, we must intake, evaluate, counsel and prepare client cases for the H-1B electronic registration process, which was initiated by USCIS in 2020.  

To safeguard our clients' interests, our office has continued to perform a thorough evaluation of each case before registration.  The upcoming lottery is for the FY 2026 H-1B program with an employment start date of 10/01/2025.   As the new administration has expressed a strong intent to make changes to immigration policies, we must be particularly vigilant in preparing for the upcoming H-1B lottery to minimize errors and improve the chances of selection.  Employers and employees should pay attention to the following items. 

Employer Information

Getting correct employer information is critical, as incorrect information will disqualify the H-1B registration.  Confirm the legal name of the employer in the State Certificate of Formation, including any subsequent changes in the legal name or D/B/As.  For larger companies with multiple subsidiaries, branches, etc., find out the exact legal entity that will act as the H-1B sponsor.  The Federal Employer ID number (FEIN) is another important piece of information, as USCIS uses the FEIN as the unique identifier for each sponsoring employer to screen out duplicate filings. The FEIN can be confirmed by examining the official correspondences issued by the Internal Revenue Service regarding the sponsoring entity.

Employee Qualifications

Generally speaking, an employee must qualify to perform the duties of a specialty occupation in order to be classified as an H-1B worker.  Hence, the employee's qualifications, including education, certifications, work experience, training, etc. must be carefully considered.  Specifically, for the purpose of H-1B electronic registration, we must confirm whether the employee qualifies for the “master cap”, which confers 20,000 additional visa numbers.  To qualify for the master cap, an applicant must have earned an advanced level degree beyond the bachelor's level, including professional degrees, conferred by an accredited U.S. institution.  Further, the school must not be a private, for-profit institution.   Even if the case is selected in the H-1B visa lottery, checking the wrong box means that the case will be denied eventually.

Information About the H-1B Position

Although the current USCIS registration system does not require specific occupational information, an early evaluation of the job title, duties, and requirements is also essential.  Again, the case will be denied if the position being petitioned for does not meet the definition of specialty occupation, even after the case is selected in the lottery. The law regarding what constitutes a specialty occupation constantly changes.  The agency policies and adjudication standards can also be confusing at times. For certain less defined occupations such as market research analysts, business analysts, consultants, etc., an early evaluation and assignment of occupation code would make the final application process smoother. 

Employee's Immigration Status

A foreign worker has two options to obtain H-1B status after their petition has been approved.  If they are legally present in the U.S., they may apply for a Change of Status directly in their H-1B petition.  Upon approval, their status will be changed automatically.  Hence, a thorough examination of the applicant's immigration status is critical.  For F-1 students who are eligible for STEM OPT, they should file a timely extension of their OPT status.  If extension is no longer available, we'll then evaluate whether the student qualifies for the special CAP-GAP extension rules. CAP-GAP rules allow qualified F-1 students to continue staying and/or working in the United States after expiration of their OPT status.  If an applicant has failed to maintain their lawful status in the U.S., they should consult an experienced immigration attorney without delay.  In some cases, they would have to depart the U.S. and apply for a valid H-1B visa stamp before they may re-enter the U.S.  Do not forget to also review the status of the H-1B candidate's spouse and children. Each person's immigration status must be properly maintained.  

Conclusion

In sum, there are factual and legal issues to consider regarding the H-1B registration and application process.  As mentioned, the new administration may make changes to the H-1B visa program including the electronic registration system, the subsequent application process, the substantive requirements such as the wages, job locations, specialty occupation, etc.  Hence, it is important to stay informed of any updates and changes in policies. 

(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 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.)  

USCIS Has Completed H-1B Lottery for FY 2025

 

Photo: Anna Tarazevich

On April 1st, USCIS announced that it has completed the H-1B lottery for FY 2025.   It means that USCIS has selected enough electronic registrations for unique beneficiaries to meet the regular H-1B visa quota of 65,000, plus the 20,000 cap for advanced degree holders.   This year, a new H-1B rule is in effect, and each qualified beneficiary is treated as one unique registration for random selection, regardless of how many employers have entered registrations for them.  

How do I know if I am selected? 

USCIS has released the selection results online through the employers online accounts.   "Selected" means the case was selected to file an H-1B cap petition.  "Not Selected" indicates the case is not eligible to file an H-1B cap petition.  However, in anticipation of a second lottery, USCIS has kept the unselected registrations in "Submitted" status for now.  It means that there may still be a chance for selection later this year.

What are the next steps if I am selected?

If your case was selected, you should work with your employer to submit a complete H-1B petition within the filing window.  The filing window for the initially selected cases are from April 1st to June 30.  Late filings will be rejected.  Similarly, use of outdated forms and failure to submit a legally sufficient H-1B petition will result in rejection or denial of the petition.  As for April 1st, USCIS has adjusted the filing fees for various immigration petitions, including the I-129 form for H-1B petitions.  The employer is now required to pay an additional asylum fee.  Further, starting April 1st, employers must use a new edition of the I-129 form. USCIS has also changed the filing locations of many petitions, allowing online filing of H-1B petitions for the first time.  

Will there be a second lottery this year?

If USCIS has not received sufficient number of H-1B petitions to meet the annual quota, it will conduct a 2nd or 3rd drawing to select applications for adjudications.  It is difficult to predict the chances for that to happen now, as there are several factors involved.  First, although USCIS has not formally released the number of H-1B registrations this year, the banning of muliple entries for the same employee should have greatly reduced the total number of eligible entries in the initial lottery.  It means that, compared to last year, most of the selected cases will actually be submitting H-1B petitions. (Inerestingly, USCIS appears to allow multiple employers to submit H-1B petitions for the same selected employee under the new rule, but this should not affect the counting of visa numbers.)  

Secondly, USCIS has implemented a new policy requiring an H-1B employer to prove that there is a bona fide job offer for the beneficiary. This may affect the number of H-1B filings and/or approvals, because some IT consulting firms may not be able to provide such proof if they do not have a client project for the H-1B employee.  Finally, there is always a percentage of cases that will drop out or be rejected for various reasons.  On balance, we are hopeful that there will be some unused H-1B visa numbers in the summer. 

Delays of Receipt Notices Expected

When USCIS receives a timely and properly filed H-1B cap subject petition, it will provide the petitioner and the attorney of record a Form I-797, Notice of Action, as proof of filing.  Because of the large volumes of H-1B cap filings each year, USCIS already advised the public that it expects some delays in the issuance of the I-797 receipt notices.  If delivery of the petition has been confirmed by the Post Office or delivery service, employers should not submit a second petition, as this will result in denial or revocation of both petitions.

(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 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.)