What is the H-1B Lottery?

The H-1B is a temporary, nonimmigrant visa category that enables employers to petition on behalf of highly educated foreign professionals who work in specialty occupations.  Each fiscal year, USCIS may issue up to 85,000 new visas. Because there are usually more individuals seeking H-1Bs than there are H-1Bs available, the H-1B selection becomes a lottery.  For example, in the 2023 fiscal year, USCIS received more than 480,000 registrants for the 85,000 available visas.  Individuals who possess a Master’s degree or higher from a U.S. university have improved chances as they have two shots at the lottery (these are called Master’s degree cap petitions, see below).  

Who might want to enter? 

If you have any recent-graduate employees, especially in the STEM fields, they are likely working for you on a time-limited basis with employment authorization following graduation (OPT based on F student visa).  At the most, these individuals will have employment authorization for up to 36 months.  In order to employ them beyond this limited time, you can register them in the H-1B lottery.  

Remember that the H-1B is for individuals who meet at least one of the following criteria:

  • Have completed a U.S. bachelor’s or higher degree required by the specific specialty occupation from an accredited college or university

  • Hold a foreign degree that is the equivalent to a U.S. bachelor’s or higher degree in the specialty occupation

  • Hold an unrestricted state license, registration, or certification which authorizes you to fully practice the specialty occupation and be engaged in that specialty in the state of intended employment

  • Have education, training, or progressively responsible experience in the specialty that is equivalent to the completion of such a degree, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty.

Timeline

The 2024 H-1B lottery registration opens on March 1, 2023 and closes on March 17, 2023.  Registrants selected in the lottery then have 90 days to file a complete H-1B petition.  It is possible that a second selection will be conducted in July or August, which has occured in previous years.  Selected applicants may enter H-1B status on October 1, 2023 at the earliest, and should be granted H-1B status for an initial three-year period.  

  • March 1st - March 17th – submit electronic registration for H-1B lottery

  • April 1st - June 30th – complete and file H-1B petition

  • October 1st and on – commence work with new H-1B status

Electronic Registration

Each potential H-1B employee must be individually registered for the lottery.  The fee is $10 per employee. USCIS will conduct a randomized lottery at the end of March, choosing for the 20,000 Master’s degree cap petitions first, and the 65,000 Bachelor’s degree cap petitions second, giving applicants with advanced degrees two shots at selection. You can read more about this process at the USCIS website:
https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-1b-specialty-occupations-and-fashion-models/h-1b-electronic-registration-process 

Lottery Exempt Institutions

Not all employers are subject to the H-1B lottery.  Some employers can bypass the lottery process.  

AC21 [codified at INA § 214(g)(5)(A)-(B)] exempts the following petitioners from the H-1B cap:

  • Institutions of higher education

  • Nonprofit entities related to or affiliated with an institution of higher education

  • Nonprofit research organizations

  • Governmental research organizations

Rebecca Freeman