The H-1B Lottery: Updates to Know Now

December 22, 2023

Navigating the intricate pathways of the H-1B lottery has become an annual endeavor for many businesses.

The H-1B lottery has seen remarkable shifts recently, but 2024 brought substantial changes and sparked serious concerns. As an employer, understanding the current landscape will equip you to make the most informed decisions when seeking foreign workers. This article focuses on the nuances of the H-1B visa process and its implications for employers and foreign workers alike.

What is an H-1B visa?

Under the H-1B visa lottery system, a maximum number of H1-B visas are offered each year for foreign professionals to work in specialty fields in the United States. This visa is a vital bridge for skilled workers to contribute to the US, addressing areas with a shortage of qualified domestic professionals, and the number of registrations projected grows every year.

Applicants are randomly selected, due to high demand and limited visas, and must follow the H-1B registration process precisely for eligibility—an invalidated failed payment or incorrect details can jeopardize a selected registration.

We’ll highlight how to double-check that your employee’s entry is an applicable, eligible registration.

The H-1B process for 2024

Overseen by the United States Citizenship and Immigration Services (USCIS), the H-1B lottery has seen remarkable shifts in recent years, but the year 2024 has brought substantial changes.

The registration period for the fiscal year 2024 H-1B visa began with unprecedented interest, with the USCIS recording a surge in registrations. This was primarily due to multiple eligible registrations, submitted by companies in tech sectors for the same beneficiary to maximize the odds. (Each beneficiary can only be chosen once for fairness, but different employers are allowed to submit multiple registrations for the same applicant.)

However, USCIS, in its commitment to maintaining the integrity of the nation’s immigration system, has launched extensive fraud investigations. These measures have led to revoked petitions and stringent law-enforcement referrals, signaling a stricter enforcement environment for corporate applicants.

2024 selection process and petition period

For FY 2024, the USCIS conducted two rounds; if the first round did not yield a sufficient number of registrations selected, the second lottery was activated to fulfill the H-1B cap.

Immigration services reported a staggering 780,884 registrations for fiscal year 2024, a marked increase from previous years. Given the overwhelming number of projected registrations, USCIS randomly selected 110,791 registrations beyond the annual limit of 85,000 H-1B visa spots. This move accommodated applications that may not get approved, providing a cushion.

The electronic registration process, introduced to reduce paperwork and facilitate cost savings, has had challenges, including the spike in multiple registrations for the same beneficiary. However, it remains committed to preventing abuse and ensuring a fair selection process.

Best practices for employers during the application process

For employers seeking to secure an H-1B visa for their foreign workers, here are some guidelines:

Stay updated: Double-check that company policies align with the latest guidelines from the USCIS. The H-1B registration period and details can shift; being in the know is half the battle.

Avoid duplicate registrations: While submitting multiple registrations for a valuable employee may seem tempting, this could run afoul of the rules. It not only jeopardizes your application but could also lead to criminal prosecution.

Prevailing wage and actual wage: Ensure you offer a wage that matches or exceeds the prevailing wage for the position in your location. At the same time, the actual salary must be equivalent to that offered to similarly qualified workers.

Maintain transparency: Be ready with all the necessary documentation, from proving the specialized nature of the job offer requiring a bachelor’s degree or higher to ensuring that working conditions for H-1B visa holders do not adversely affect similarly qualified US workers.

Changes to multiple entries for individuals

The primary change observed in the fiscal year 2024 was the high number of multiple registrations for the same beneficiary. While having multiple job offers is not illegal, using this to gain an unfair advantage in the H-1B lottery is frowned upon.
To counteract this, USCIS may employ measures, such as using unique identifiers, like passport numbers, during the H-1B registration process, ensuring that even if a foreign worker has multiple job offers, they have an even playing field in the H-1B lottery.

Potential changes for 2025 applications

While it’s still early to predict the exact contours of the 2025 H-1B visa application process, there are clear indications of the direction. USCIS has expressed its dedication to bolstering the H-1B registration process, targeting misuse and fraud.
Changes could range from strengthening the electronic registration process with other improvements, exploring options for a second-round lottery if a sufficient number of registrations are invalidated, and ensuring no single individual unfairly increases their chances.

Looking ahead

The H-1B visa lottery, an essential part of our global talent acquisition, remains in flux. Employers and foreign workers alike should remain vigilant, adhering to best practices and staying abreast of updates. We can only ensure that the best and brightest worldwide continue to enrich the US workforce by fostering a fair, transparent, and efficient immigration system itself.

FAQs on the H-1B visa lottery process

What is the H-1B visa start date for FY 2024?

The visa start date for the FY 2024 H-1B visa is typically October 1 each fiscal year. However, the specific start date can vary based on the processing times and other considerations. It’s advisable to consult with immigration professionals or the USCIS service center for the most accurate date.

Once selected, how long is the filing period for the H-1B visa application?

The exact filing period can vary. Typically, it starts from the earliest date mentioned on the selection notice, extending for a given duration. Prospective petitioners should be proactive in preparing all documents beforehand.

Are there any overall cost savings with the new electronic registration process?

Yes, the electronic registration process, introduced for the H-1B visa, aims at reducing paperwork and offers overall cost savings for both USCIS and the petitioners by streamlining the process.

What basic information is required for the H-1B registration?

The registration requires basic information about the prospective petitioner and the foreign worker. Details typically include, but are not limited to, the beneficiary’s name, passport number, employment authorization details, and data exchange between USCIS and employers.

What are the implications for those in specialty occupations and higher education sectors?

The H-1B visa primarily targets specialty occupations, favoring those with a higher degree or equivalent. Individuals in higher education sectors or specialty occupations have an advantageous position but should still navigate the process meticulously.

Stay in the loop with Newland Chase

In the fast-changing world of corporate immigration, staying updated is about compliance and competitive advantage. As businesses vie for global talent, a sound understanding of the H-1B lottery process is indispensable. An experienced immigration specialist, Newland Chase remains committed to bringing you the most recent insights to guide your corporate immigration decisions. Contact us for a quote today.

This immigration update is for informational purposes only and is not a substitute for legal or scenario-specific advice. Furthermore, it is important to note that immigration announcements are subject to sudden and unexpected changes. Readers are encouraged to reach out to Newland Chase for any case- or company-specific assessments.