What is the H1B Lottery in the US?

If you’re in India or any other country outside the US and if you’ve ever thought about moving to the US then you’ve definitely heard about the H1B Visa. And you’ve also probably heard about the H1B Lottery. 

And if you haven’t, It’s Ok Yaar because in this blog post we are going to share everything you need to know about the H1B Lottery in the US. 

Did you know that this infamous H1B lottery was introduced only in 2008 because it was the first time that the demand for the H1B lottery far exceeded the supply. 

But wait a minute. 

Let’s start with the basics. “What is the H1b lottery?”, “How does it work?”, “What are the steps after you get selected in the lottery?”, “What to do if you don’t” and some FAQs about the H1B Lottery.

So, What is the H1B Lottery?

Before international employees can enter the United States under the H-1B classification and begin work, they have to go through a lottery. Why? 

Because there is a lot of demand for the H-1B visa, there is a limited number of visas that can be issued each year. The cap of new H1B visas to be issued each year is set to 65,000. However, if an applicant has a master’s degree from a U.S. institution, they’re in luck: there are an extra 20,000 visas available for those who have a master’s degree or higher.

How does the H1B lottery work?

We’ll dive deeper into each step of the process, but here’s a general overview of how the H1B cap lottery works each year:

H-1B Electronic Registration: All prospective H-1B applicants must register with USCIS electronically to enter the H-1B lottery. You can’t do it yourself. Your employer needs to do that for you. 

Random Selection (Lottery): If the number of H-1B registrations received exceeds the annual cap, which it always does, a random lottery is conducted to select the registrants that will be allowed to apply for an H-1B visa. The 20,000 advanced degree petitions are selected first, and then any unselected advanced degree registrants are placed in the general pool for the 65,000 cap.

Submission of Petitions: If a registrant is selected, employers can submit H-1B petitions on behalf of their prospective employees during a designated filing period, usually beginning in the first week of April each year.

Processing of Selected Petitions: The selected petitions are then processed, and if approved, the foreign workers can obtain H-1B status and begin (or continue) employment in the United States.

How to Register for the H-1B Cap Lottery

To register for the H1B cap lottery, the prospective H-1B employee and sponsoring employer will need to create online accounts with USCIS. If a prospective employee already has a myUSCIS online account, they will still need to create a separate “registrant” account that is required for the registration process.

During the registration process, the prospective H-1B employee (or U.S. employer, representative, or attorney acting on their behalf) must pay a $10 registration fee. Registration also includes filling in basic information about the sponsoring company, as well as biographical details about the registrant. 

The registration period only runs for around 14 days each year. If an applicant doesn’t register they will not be able to apply for the H-1B visa.

USCIS provides detailed instructions on how to navigate the electronic registration process, including an instructional video and frequently asked questions.

The H1B Lottery Registration begins on March 1. 

H-1B Lottery Selection Process

Once the registration window closes, here is a general overview of the H-1B lottery selection process: 

Random Selection Process (Lottery): The demand for H-1B visas often exceeds the available slots within the first few days. When the number of registrations surpasses the cap, a random lottery is conducted to select the registrants who will be able to file their Form I-129 which is the actual visa for H1B. The advanced degree cap is filled first, and any unselected registrants are then placed in the general cap pool.

Selection Notifications: Selected registrants will receive an H-1B registration selection notice. Registrants that are not selected will not be notified until after USCIS has determined that they have reached the H-1B cap for that year.

Preparing and Submitting H-1B Petitions: If selected, employers must submit Form I-129 (Petition for Alien Worker), along with supporting documents, to USCIS during the filing period. Employers can opt for premium processing to receive an expedited adjudication of Form I-129, for an additional fee.

Petition Filing Timeline: The H-1B filing period typically opens on April 1st each year, and employers must file petitions within the specified filing window (typically 90 days). 

Employers filing on behalf of an H-1B applicant will be able to see the applicant’s lottery status in their USCIS account. The account will show the lottery status as one of the following:

• Submitted: You have submitted your registration and it is valid

• Selected: You are able to apply for an H-1B visa

• Not Selected: You were not selected to apply for an H-1B visa this time

• Denied: If you register for the chance to apply for an H-1B visa with the same employer multiple times, USCIS will deem all of your registrations invalid

• Invalidated-Failed Payment: You registered but your registration payment didn’t go through

What If You’re Not Selected in the H1B Lottery

If you’re in India you can either wait for another year and hopefully you will get selected then. You can try to apply for the L1 Visa, which is an intra-company transfer. We've created a full video about What is the L1 visa?

If you’re in the US on an F1 Visa, here are some of the options that you can consider:

1. Look for Cap Exempt Roles

2. Explore Day 1 CPT and try for H1B next year

3. Check if you’re eligible for an O1 Visa

4. L1 Visa is also an option for you. But that would require you to move to another country for a year and then apply for an L1 visa through the same company. 

We’ve covered all the options in great detail in our video “Alternative options if H1B not selected.”

Now, let’s look at some of the FAQs related to the H1B Lottery

When does registration start each year, and when will applicants and employers know the results?

The dates vary each year, but usually the registration starts on March 1 and the registration period typically runs for 14 days. 

How much does it cost to register?

There is a $10 registration fee per registrant. The fee is non-refundable, even if you are not selected in the lottery.

Do past years’ H-1B lottery results impact future chances to be selected in upcoming H-1B lotteries?

No, if an individual is not selected during this year’s H-1B registration, it will not impact their chances of being selected next year.

If selected, where should prospective H-1B applicants and their employers file their Form I-129 and supporting documents?

A selected applicant’s form I-129 must be filed at the location indicated on their H-1B registration selection notice, which may be different from past Form I-129 filing locations for H-1B cases. Employers should be sure to file at the exact location indicated on the selection notice. 

How long do employers have to file Form I-129 once a prospective H-1B employee is selected in the lottery?

Employers must file Form I-129 and all of the required supporting documents at the filing location indicated on the selection notice during the filing window. The filing window typically starts on April 1 and is open for 90 days.

What is the difference between the H-1B and H-1B cap?

The government sets a cap on the number of H-1B visas it issues each year. Currently, the cap is 65,000 visas per fiscal year, with 20,000 additional visas available for those who have a master’s degree or higher.

We’ve created a lot of content about the H1B Visa, like How to ask for H1B sponsorship, All About the H1B Visa in the US. We’ll link our playlist here. You can check those videos too.

That’s it for today. 

And remember, if things are not going your way, they eventually will. It’s Ok Yaar. Until next time, Have a wonderful day.