UNITED STATES – A Reminder to Begin H-1B Lottery Evaluations

February 2, 2024


By: Newland Chase Advisory

The registration period for the H1B lottery will begin in March 2024, so now is a good time to start evaluating your company’s H-1B needs for fiscal year 2025.

All employers should review their list of foreign national employees and determine who they should enter into the H-1B Cap Lottery in March. This can be a difficult analysis to complete—a specialist company like Newland Chase can review your list together with you and help you to identify which employees should be entered.

Below are some important dates to remember as part of the H1B Lottery process.

January

Analyse employee list to identify potential foreign national employees to enter into the H-1B Cap Lottery. Select candidates by February at the latest.

February

Review beneficiaries’ documents and information in preparation of filing registration forms when the lottery opens in March.

March

File H-1B lottery registrations through the USCIS online portal during the designated March filing period—the exact dates of which are yet to be announced. Registration normally takes place early in the month.

March 31

Lottery Selection: A random lottery is conducted by USCIS that results in the selection of those foreign nationals for whom the company can file an H-1B petition.

April 1 – June 30

File petitions for selected employees. A 90-day window exists to submit full H-1B petitions. Non-selected applicants will stay in reserve for potential future lottery rounds.

Further information

USCIS conducts the random lottery shortly after the electronic registration period ends, usually on March 31. Employers must file a complete H-1B petition with LCA for selected beneficiaries between April 1 and June 30. The earliest date approved H-1B status commences is on October 1, 2024 (start of Fiscal Year 2025).

If the foreign national employee is not selected in the initial lottery, that does not necessarily mean that they will not be chosen in a subsequent lottery. If all available H-1B visa numbers are not used by those selected in the original lottery, then USCIS will conduct additional lotteries at later points, as needed, until all available H-1B visa numbers are used (65,000, plus 20,000 additional for those with US Masters degrees).

Employers considering filing H-1B applications are encouraged to contact a Newland Chase immigration specialist for case-specific advice about the process.

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.