Each year, employers vie for one of the coveted 85,000 lottery spots available for a new H-1B. This year (fiscal year 2025) proved no different. USCIS announced recently it has closed this year's lottery and is gearing up for the next round to reopen in Mid March 2025. The agency announced it has received almost 480,000 registrations this year. The same is expected each following year unless Congress increases the limit of available new H-1Bs - which is highly unlikely to happen.
The H-1B work visa is requested by U.S. Employers for specialty occupations. These are roles that require at least a bachelor's degree or its equivalent. Employer registrations not selected in the lottery cover a wide range of jobs that our U.S. employers/industries desperately need filled, including: Doctors, Scientists, Software Developers, Civil Engineers, Technology Directors, Architects, Chief Operating Officers, Financial Analysts, and so on.
How are employers supposed to access this critical talent pool to recruit and retain without the very important H-1B tool? We discussed other options Employers may look into in our article earlier this year Didn’t Get Selected in the Cap H-1B Lottery? Other Options for Employers to Consider. Sometimes, however, the H-1B is the only route. So playing the lottery again is a must.
Try Again Next Year: Plan Ahead - Don't Miss the Filing Deadline
Start planning now if you did not get in this year's lottery. The online registration portal usually opens in early March for H-1Bs to be selected in late March. Per regulation, H-1Bs cannot be filed before April 1. Once selected in the lottery, the filing window is typically 90 days running from April 1-June 30.
Do your due diligence on these cases NOW. Take inventory. Start preparing the cases.
Who, of your current and potential workforce, needs to be put in lottery?
Is the job offered a qualifying job?
Does the individual meet the education requirement?
Can you afford the H-1B Employee? (The H-1B requires employers pay at least the prevailing wage for the occupation based on the intended area of employment).
Does the employer or worker qualify for any H-1B lottery exemptions?
We have developed some educational materials that are hopefully helpful to employers thinking of recruiting or retaining international personnel through the H-1B lottery. You can find those here: https://www.uslegalimmigration.com/h1b, including our book H-1B Demystified: A Practical Guide for Employers.
There is also employer-focused H-1B Training Available at Corporate Immigration Compliance Institute where corporate immigration attorney experts provide a one-hour live webinar training on the H-1B ins and outs. You can sign up for that training here: LINK
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The information on this website is for general information purposes only, it is not legal advice applicable to a specific situation. Viewing it does not create an attorney-client relationship.
