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Every year, U.S. employers vie for one of the coveted 85,000 lottery spots available for a new H-1B. This year (fiscal year 2025) was no exception. USCIS recently announced that it has closed this year's lottery and is preparing for the next round to open in mid-March 2025. The agency reported receiving nearly 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 to fill specialty occupations, which are roles that require at least a bachelor's degree or its equivalent. Employer registrations not selected in the lottery represent a wide range of jobs that our U.S. employers/industries desperately need to fill, 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? Earlier this year, we discussed alternative options U.S. employers may explore in our article, 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. Therefore, 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, with H-1Bs being selected in late March. Per regulation, H-1Bs cannot be filed before April 1. Once selected in the lottery, the filing window typically lasts 90 days from April 1-June 30.
Do your due diligence on these cases NOW. Take inventory. Start preparing the cases.
Key questions to consider include:
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 several educational materials that are hopefully helpful to employers considering recruiting or retaining international personnel through the H-1B lottery. These materials are available here: https://www.uslegalimmigration.com/h1b, including our book H-1B Demystified: A Practical Guide for Employers.
Employer-focused H-1B Training is also offered through the 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 register for the training HERE.
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NOT LEGAL ADVICE: This article is for educational purposes only. It is not legal advice that may be applicable to your situation.
The information provided here does not constitute legal advice. It is general information regarding law and policy that may be applicable to your particular HR issue or legal problem. Information provided in this blog, or any of our other public posts, does not create an attorney-client relationship. For specific advice you can rely upon, please contact your attorney.
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