4 Things You Should Know Before H-1B Lottery Result Is Out

On January 30, 2024, USCIS announced changes to the H-1B lottery for fiscal year 2025, introducing a one-registration-per-person rule to prevent multiple filing abuse. According to our analysis, under this rule, the selection probability for bachelor's degree holders is 26.67%, and for advanced degree holders (master's and above), it's 40%. 

Please note that after your employer or attorney submits your H-1B petition, you will not receive a notification from the USCIS system. You can ask your employer to provide a screenshot to confirm that your petition has been successfully submitted.

Employers of H-1B winners can submit petition materials starting April 1; you will receive a formal approval or denial notice for your petition between May and August from USCIS.

Eligibility and Documentation

The H-1B visa is designed for specialty occupations that require a bachelor's degree or higher in the specific field of employment. Ensure that your educational qualifications and job offer meet these criteria.

Have all your documentation ready in advance; pay attention to the following:

• Valid passport. Passports must be valid during lottery registration and H1B application stages.

• If the passport expires between these stages, submit both the original and new passport's personal information pages with the H1B application.

• Beneficiaries with multiple unaffiliated employers must use the same passport information for each registration.

  • Using multiple passports for registrations will result in USCIS rejecting and revoking all H1B applications!

If selected in the lottery by multiple employers, all can submit an H-1B application for the beneficiary.

Plan for Your Visa Status if Not Selected

The reality of the H-1B lottery system is that not everyone will be selected due to the 85k cap on the number of visas issued each year. It's important to mentally and emotionally prepare for this possibility and consider alternative plans if your visa status expires soon after the H-1B lottery.

These could include looking into other visa categories:

Continue F1 work authorization- STEM OPT extension

• Eligibility: Available for F1 students who have completed degrees in science, technology, engineering, or mathematics (STEM) fields.

• Duration: Offers an additional 24 months of work authorization beyond the initial 12 months of Optional Practical Training (OPT), allowing for up to 36 months of total work in your field of study.

• Advantages: Smooth transition from F1 OPT status.

Continue F1 work authorization- Day 1 CPT

• Eligibility: Aimed at F1 students enrolled in certain academic programs (Day 1 CPT Universities) that require immediate participation in Curricular Practical Training (CPT) from day 1 of the curriculum.

• Duration: This can be utilized from the first day of the program, allowing you to continue your previous F1 work authorization during your studies.

• Advantages: Enables students to continue their previous work while completing their academic program at affordable tuition.

  Interested in extending your F1 work authorization with Day 1 CPT? Contact us for a free and customized consultation!

L1 visa

• Eligibility: Designed for intra-company transferees employed by a multinational company outside the US for at least one continuous year within the past three years and transferred back to the US to work in an executive, managerial, or specialized knowledge capacity.

• Duration: Up to 5 years for specialized knowledge employees (L1B) and 7 years for managers and executives (L1A).

• Advantages: Opportunities to gain work and life experience outside the US.

O1 Visa

• Eligibility: Available to individuals with extraordinary ability or achievement in the sciences, arts, education, business, or athletics or who have demonstrated exceptional achievement in the motion picture or television industry.

• Duration: Initially granted for up to 3 years, with the possibility to extend in 1-year increments for ongoing projects or activities.

• Advantages: It provides a flexible option for highly talented individuals to work in their expertise area in the US without the limitations of the H-1B cap.

Plan for Your Visa Status if Selected

If your H-1B case is selected and the petition is approved after the lottery, your H-1B status will likely begin on October 1st, when the new fiscal year starts. If you are on F1 OPT status and your OPT is going to expire soon, be sure to have your visa ahead:

• If your OPT is about to expire and you are selected and file for an H-1B before it expires, you automatically enter the cap-gap period, extending your F1 work authorization until the H-1B starts on October 1.

• Suppose your OPT expires and you are selected for an H-1B during the grace period (e.g., in a second H-1B lottery) and file for an H-1B before the grace period ends. In that case, you automatically enter the cap-gap period. This allows you to stay in the U.S., but you can only work starting on October 1.

• Suppose your OPT expires and you are selected for an H-1B during the grace period but do not file for an H-1B before the grace period ends. In that case, you must leave the U.S. immediately after the grace period ends and can re-enter to start working once the H-1B takes effect.

To address gaps in work authorization between OPT expiration and H-1B start, consider enrolling in a Day 1 CPT program to continue working. Contact us for more details and school options that are available in your case.

Conclusion

Navigating the H-1B visa lottery process requires timely preparation, awareness of critical timelines, and understanding of alternative visa options. For Fiscal Year 2025, the USCIS's introduction of a one-registration-per-person rule aims to streamline the process and increase fairness. However, not all applicants will be selected due to the visa cap, making it essential for candidates to prepare alternative plans. If not selected, options like the STEM OPT extension, Day 1 CPT, L1, and O1 visas offer viable pathways to maintain legal status and employment in the U.S. For those who are selected, understanding the cap-gap extension and options for bridging gaps in work authorization is crucial. It's advisable to consult with immigration professionals to navigate these options effectively and to stay informed on the latest immigration policies and procedures.