The H-1B visa allows U.S. employers to hire international workers in specialized fields, such as tech, engineering, and medicine. However, due to the high demand for these visas, there is an annual cap, and a lottery system is used to randomly select petitions for processing. This guide explains the H-1B lottery process, how to navigate it, and what to do if you’re not selected.
Key Updates for FY 2026
Here’s what to expect for the upcoming H-1B lottery cycle:
- Electronic Registration: The streamlined online registration process will continue.
- Beneficiary-Centric Selection: Selections will be based on individual applicants, requiring valid passport details.
- Multiple Selection Rounds: Expect more than one round of selections to fill the cap.
- Improved Collaboration: Employers and legal teams can work together through organizational accounts.
What Is the H-1B Visa Cap?
The H-1B visa program has a cap of 65,000 new visas each fiscal year, plus an additional 20,000 visas for applicants with advanced degrees from U.S. universities. In addition, certain employers like universities and nonprofit research organizations are exempt from the cap.
H-1B Lottery Timeline
The H-1B lottery process for FY 2025 was as follows:
- Electronic Registration: Applicants must register online with USCIS from March 1–18, 2024.
- Lottery Selection: USCIS randomly selects registrants to move forward. The first round of selections occurs on March 29, 2024, with additional rounds as needed.
- Petition Submission: Selected registrants have 90 days to submit their H-1B petitions.
- Processing & Approval: Once the petition is processed, USCIS will grant H-1B status starting October 1, 2024.
For FY 2026, expect similar dates:
- Registration Period: Mid-March 2025 (usually 2–3 weeks)
- Initial Selection Announcement: Early April 2025
- Petition Filing Period: April 1–June 30, 2025
How to Register for the H-1B Lottery
Both the applicant and employer must create USCIS accounts to register for the lottery. Registration requires providing key information and paying a $215 fee. The registration period is short, so be sure to act quickly.
How the H-1B Lottery Works
Once registration closes, the lottery selection process begins:
- Random Selection: If the number of registrations exceeds the cap, USCIS randomly selects registrants to proceed.
- Selection Notification: Those selected will be notified, and those not selected will be informed afterward.
- Petition Preparation: Employers submit Form I-129 (Petition for Alien Worker) and required documents for selected applicants.
- Filing Timeline: The filing period opens on April 1, and petitions must be filed within the specified window (typically 90 days).
Employers can check the lottery status of their applicants in their USCIS account. The status will show as one of the following:
- Submitted: Registration is valid.
- Selected: Eligible to apply for the H-1B visa.
- Not Selected: Not chosen in this round.
- Denied: Registration was invalid due to multiple attempts.
- Invalidated-Failed Payment: Payment did not go through.
Alternatives if Not Selected in the H-1B Lottery
If you’re not selected in the lottery and your work authorization is expiring, you’ll have a 60-day grace period to either adjust your status or prepare to leave the U.S. Exploring alternative visa options is essential during this period.
H-1B Visa for Employers
Sponsoring an H-1B employee requires U.S. employers to understand specific legal obligations and the nature of the job being offered. The position must qualify as a specialty occupation, which typically requires a bachelor’s degree or higher in a specialized field. Employers must demonstrate that the role necessitates the application of specialized knowledge and that the candidate possesses the appropriate qualifications.
Employers act as sponsors by completing and submitting Form I-129, which includes details about their organization, the job offer, and the employee’s qualifications. They must also maintain a valid employer-employee relationship, meaning they have control over the employee’s work
The Process and Costs Involved in Sponsoring an H-1B Visa
The H-1B visa application process involves several steps:
- Electronic Registration: Employers must register electronically with USCIS during the registration period, typically in March. This involves paying a registration fee, which is set to increase from $10 to $215 in 2025
- Labor Condition Application (LCA): Before filing the H-1B petition, employers must submit an LCA to the Department of Labor (DOL). This application ensures that hiring the foreign worker will not adversely affect wages or working conditions for U.S. workers.
- Filing Form I-129: Once selected in the lottery, employers can file Form I-129 along with supporting documents and fees, including proof of the job’s specialty occupation status and the employee’s qualifications.
Costs associated with sponsoring an H-1B visa include registration fees, attorney fees (if applicable), and various filing fees that can total several thousand dollars depending on the complexity of the case.
How to Increase Your Chances of Successfully Securing an H-1B Visa
To improve the likelihood of securing an H-1B visa for an employee, employers should:
- Ensure Job Eligibility: Confirm that the job qualifies as a specialty occupation and that it meets all requirements set by USCIS.
- Thorough Documentation: Provide comprehensive documentation supporting both the job offer and the applicant’s qualifications, including educational credentials and relevant experience.
- Timely Filing: Submit all applications promptly within designated timeframes to avoid missing out on lottery opportunities.
H-1B Visa Holders and Green Card Process
Transitioning from H-1B Visa to Green Card
H-1B visa holders can transition to a Green Card through employment-based immigration processes. The most common route is through employer sponsorship via a PERM labor certification, which demonstrates that there are no qualified U.S. workers available for the position being offered to the foreign worker.
Advantages of Being an H-1B Visa Holder When Applying for a Green Card
H-1B visa holders have several advantages when applying for a Green Card:
- Dual Intent: The H-1B visa allows for dual intent, meaning holders can apply for permanent residency without jeopardizing their current visa status.
- Stability: Having an existing employer sponsorship simplifies the process since many employers are willing to support their H-1B employees in obtaining permanent residency.
Understanding the PERM Labor Certification Process for H-1B Holders
The PERM process involves several steps:
- Job Advertisement: Employers must advertise the job position to ensure there are no qualified U.S. workers available.
- Filing PERM Application: If no qualified candidates are found, employers file a PERM application with DOL.
- Approval: Once approved, this certification allows employers to file Form I-140 (Immigrant Petition for Alien Worker) on behalf of the employee, paving the way for adjusting status to permanent residency.
The Impact of the H-1B Visa on the U.S. Economy
The H-1B visa program significantly benefits U.S. businesses by providing access to a skilled workforce necessary for maintaining competitiveness in various industries, particularly in technology and healthcare sectors. These workers often fill critical gaps where there is a shortage of qualified U.S. professionals.
Role of H-1B Workers in Tech and Healthcare Sectors
H-1B workers play vital roles in driving innovation and efficiency within tech companies and healthcare systems. Their specialized skills contribute to advancements in technology development, patient care improvements, and overall economic growth.
Debate Over Expansion vs. Restriction of H-1B Visa
The ongoing debate surrounding the H-1B visa program often centers on whether it should be expanded or restricted. Proponents argue that expanding access would enhance economic growth and innovation, while opponents raise concerns about potential job displacement for U.S. workers and wage suppression.
What Happens After the H-1B Visa is Approved
Once an H-1B visa is approved, applicants must prepare for relocation to the U.S., which includes securing housing and understanding local laws and customs.
Preparing for Relocation
Newly approved visa holders should gather necessary documentation such as employment letters, medical records, and financial information before relocating. They should also familiarize themselves with their new workplace environment and community resources.
What If You Can’t Start Working Immediately?
If an applicant’s approval comes through but they cannot start working immediately (due to personal reasons or delays), they should maintain communication with their employer regarding their start date while ensuring compliance with visa conditions.
Challenges Faced by H-1B Visa Applicants
Common Difficulties in Navigating the Process
Applicants often face challenges such as complex paperwork requirements, strict timelines, and uncertainty surrounding lottery selection outcomes. These hurdles can lead to stress during what is already a significant life transition.
Impact of Delays and Rejections
Delays in processing times or rejections can severely impact applicants’ plans, leading some individuals to miss employment opportunities or face extended periods without work authorization.
Future of the H-1B Visa Program
Potential Changes to the System
Future changes to the H-1B visa system may include reforms aimed at addressing concerns over wage impacts on U.S. workers or adjustments to lottery processes that could make it easier for skilled workers to gain access.
Current Debates About Lottery Reforms
Discussions around reforming the lottery system focus on creating a more equitable process that prioritizes skills over random selection.
Predictions About Global Talent Recruitment Impact
Experts predict that any significant changes could influence global talent recruitment strategies as companies adapt their hiring practices based on evolving immigration policies.
Frequently Asked Questions About the H-1B Lottery
When does registration start, and when are the results announced?
The registration period typically runs for 14 days, and results are usually announced in early April. Therefore, Check USCIS for exact dates.
How much does it cost to register for the H-1B lottery?
The registration fee is $10 per registrant. This fee is non-refundable, even if you aren’t selected.
Does being rejected in past lotteries affect future chances?
No, not being selected this year doesn’t impact your chances in future lotteries.
Where do employers file Form I-129 once selected?
Form I-129 must be filed at the location indicated in the lottery selection notice. Also, Ensure that the petition is sent to the correct address.
How long do employers have to file Form I-129 after selection?
Once selected, employers have 90 days to submit Form I-129 and supporting documents. Furthermore, This filing period typically starts on April 1.
What is the difference between the H-1B cap and the H-1B lottery?
The H-1B cap is the limit on the number of visas issued each year (65,000 plus 20,000 for advanced-degree holders). The lottery is a random selection process used when the number of applications exceeds the cap.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the U.S. straightforward and successful. Whether you’re applying for an O-1 Visa or a B-2 Visa, we handle every step—from preparing your application to gathering the required documents.
Our Immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process and coordinate with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas/permits they need to visit the United States. You can call us today at +234 812 5505 986 to learn how we can help you.
