The U.S. Citizenship and Immigration Services had announced yesterday that they are preparing to conduct a second H-1B selection process for the FY 2025 cap so as to fill all slots. If you receive new selections, you will be notified soon and informed about when to proceed with H-1B sponsorship for candidates not chosen in the first lottery. Below are four things you need to know and do.
- What is the H-1B Cap Lottery?
Every year, U.S. Citizenship and Immigration Services (USCIS) assigns limited H-1B visas through a cap lottery process. For each of the past fifteen years, this has been necessitated by the high demand from U.S employers.
There are 65,000 “regular” H-1B registrations, with another 20,000 allocated for persons having a master’s degree or higher in the U.S. For any given year, employers must file an electronic registration for each sponsored candidate in order to secure a spot. Once this number exceeds the cap, USCIS randomly selects which ones move forward. Employers then have to submit detailed individual non-immigrant petition filings without delay for selected candidates. The lottery system helps distribute visas fairly and evenly when demand exceeds supply.
- When was the Initial H-1B Cap Lottery Conducted?
In March, the United States Citizenship and Immigration Services registered individuals under H-1B cap for fiscal year 2025 after which a random selection process gave way to the lottery. For this first phase, USCIS allowed companies selected through random drawing of lots to file petitions for H-1B numbers within a ninety-day period which ended on June 30. Afterwards, it was determined by USCIS how many had filed their H-1B petitions for that year and if the supply cap had been met.
- Why is a Second H-1B Cap Lottery Now Necessary?
Now, it has been determined that additional selections will be required to meet the regular cap limit of 65,000 visas for FY 2025. The second selection will be carried out soon from among the electronic registrations submitted earlier with employers being notified through their legal representatives about any new selections made. Those who are informed about the same may submit petitions for qualified employees.
Stay alert as employers with selected registrations will receive updates in their USCIS online accounts, including a selection notice with details on when and where to file. The specific number of selections planned by USCIS is not yet known, but this information will be revealed during another announcement following completion of the second selection process.
- What about the H-1B Master’s Cap?
No second round of selection will be done for advanced degree exemption (or “master’s cap”) considering that the initial selections and petitions received were sufficient enough to fulfill it. However, the upcoming selections to fill the regular cap will include both regular cap and master’s cap eligible registrations that were previously submitted for the first round.
- What Should You Do Now?
- Check for Updates: Check to see if any new H-1B cap registrations were selected under your MyUSCIS account.
- Act Fast: If so, then file your petitions before the end of the 90-day window.
- Coordinate: If any of your foreign national employees are F-1 OPT or STEM OPT employees and were selected, note it down once their EAD work authorizations expire. Under the “cap gap,” if their EAD cards expire before October 1, 2024, but not before you file their H-1B cap petition, you can benefit from the cap gap period to continued employment until October 1, 2024.
- Prepare for Other Options: It can be very sad to miss out on the H-1B visa lottery, but it doesn’t necessarily mean you should give up. The good news is that if you hire non-nationals, there are still a number of quick fixes, long-term approaches, and even some less well-known solutions that might result in the future employment of foreign nationals.
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