The H-1B visa program allows U.S. employers to temporarily employ foreign workers in specialty occupations, and the lottery system is used by U.S. Citizenship & Immigration Services (USCIS) to manage the limited number of available visas— referred to as the annual cap.
Purpose:
Foreign workers fill a critical need in the U.S. labor market— particularly in the science, technology, engineering, and mathematics (STEM) fields. The H-1B program allows U.S. businesses to compete by hiring the best-qualified candidates from around the world.
The nonimmigrant visa allows U.S. employers to hire foreign professionals for a temporary period for three years renewable up to six years. The H-1B is dual intent which allows the employer to sponsor the worker for a green card. Doing so can permit the H-1B maximum period of stay to extend while the green card process is pending. This differentiates it from the TN, F-1 and other visa categories that do not have dual intent.
Accordingly, it is critical to ensure registration for all those who may be on F-1, TN or other temporary visa where appropriate.
Annual Cap Details:
Since the H-1B category was created in 1990, Congress has limited the number of H-1Bs made available each year. The current annual statutory cap is 65,000 visas, with 20,000 additional visas for foreign professionals who graduate with a master’s degree or doctorate from a U.S. institution of higher learning.
Registration Period and Process:
The registration for the H-1B lottery will open at noon ET on March 7, 2025, and will close at noon ET on March 24, 2025. All cap registrations must be drafted and submitted online during this period. During this period, prospective petitioners and representatives must use a USCIS online account to register each beneficiary electronically for the selection process and pay the associated registration fee for each beneficiary. Prospective H-1B cap-subject petitioners or their representatives are required to use a USCIS online account to register each beneficiary electronically for the selection process and pay the associated $215 H-1B registration fee for each registration submitted on behalf of each beneficiary.
Lottery Selection:
As the number of registrations exceed the annual cap, a random lottery will be conducted shortly after the registration period closes. The lottery randomly selects beneficiaries from properly submitted registrations. Selected beneficiaries are notified and can file a petition during the applicable filing period. For the previous fiscal year, USCIS selected about 26% of the total number of eligible registrations. The 20,000 cap is separate from the standard 65,000 H-1B cap, allowing more opportunities for advanced degree holders of U.S. institutions to be selected.
Eligibility:
H-1B visas are for specialty occupations that require a bachelor's degree or equivalent.
Important Considerations:
- Preparation of Petitions:
Employers should contact PLG as soon as possible to begin preparing their H-1B registrations in advance to streamline the process prior to the lottery closing date. - Alternative Options: Consider exploring other visa options for candidates who may not be selected in the H-1B lottery.
- H-1B Cap-Gap Regulations: The “cap-gap” period starts when an F-1 student’s status and employment authorization expires and, unless terminated, ends on April 1 of the fiscal year for which the H-1B status is being requested or until the validity start date of the approved petition, whichever is earlier.
Action Items:
- Review your current staffing needs and identify potential H-1B candidates including those who are currently on F-1 OPT, STEM OPT, TN and other visas to ensure continued work authorization.
- Work with PLG to gather necessary documentation and ensure that candidates are ready for the registration process.
- Stay informed with PLG about updates from USCIS regarding the lottery and registration process.
We will continue to monitor developments related to the H-1B lottery and will provide updates as new information becomes available. For assistance in preparing for the H-1B lottery and submitting H-1B lottery registrations, please do not hesitate to contact us.
About Peter F. Asaad, Esq.:
Peter F. Asaad, Esq. is a Partner at PLG with twenty years of experience in corporate immigration law. Specifically, he has substantial expertise addressing work authorization needs and corporate compliance, including hiring and retention under appropriate visa categories for employment in the U.S. to maintain work authorization, and I-9 compliance to stay clear of costly regulatory violations.
Mr. Asaad has extensive experience developing and managing corporate immigration programs for multinational companies. His background includes representing corporations to develop and manage streamlined H-1B, L-1A and other temporary work visas as well as permanent status through green card sponsorship while maintaining corporate compliance.
Mr. Asaad is sought out by organizations due to his reputation for proactive management, responsive communication, and his deep understanding of immigration law to ensure compliance and a streamlined process. Indeed, he has been recognized by the American Bar Association (ABA) “as one of the nation’s leading” attorneys in the field of immigration law and by the American Bar Foundation (ABF) as among the “top one-third of one percent” of the lawyers in Washington, DC. He is listed as a top Corporate Immigration Lawyer by Who’s Who, and ranked a top-rated AV lawyer by Martindale-Hubbell. He has also been recognized among Washingtonian Magazine’s “Top Lawyers” in immigration law for over a decade and listed in The Best Lawyers in America®: Immigration Law. Mr. Asaad is past president of the American Immigration Lawyers Association (AILA), DC Chapter, where he furthered the education needs of over 900 immigration lawyers. Prior to holding this position, Mr. Asaad served as Co-Chair of the American Bar Association (ABA) Immigration Litigation Committee for several years and served as Chair of the DC Bar Immigration & Human Rights Committee. Mr. Asaad developed and taught an advanced course on business immigration as Adjunct Law Professor at American University, Washington College of Law. Mr. Asaad is the architect of the IN2NYC program and former Special Counsel to New York City. On behalf of the Mayor of New York City and the New York City Economic Development Corporation (NYCEDC), in partnership with the City University of New York (CUNY) and New York University (NYU), he developed and launched IN2NYC, the first municipal visa program in the nation of its kind designed to help international entrepreneurs collaborate with universities to create jobs in the United States.
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