The H1B Visa Lottery Process And Frequently Asked Questions

The U.S. government issues professional work-sponsored visas through the H-1B visa lottery. It’s a lottery since the amount of new visas given each year is 65,000, with an additional 20,000 for US Master’s degree grads. There are considerably more applicants than visas.

USCIS has run the lottery online since March for three years. Employers input basic information about the company and the individual they want to sponsor and are told electronically by the end of March if they were selected. After the lottery closes, employers must wait a year to register.

How the H1B Lottery Works

• A random lottery is conducted to select applicants to fill the 58,200 spots available in the general lottery. (Although there are technically 65,000 visa numbers available in the general H-1B pool, 6,800 of these are reserved for nationals of Singapore or Chile).
• A second random lottery (the “master’s cap”) is then conducted among all applicants who were not selected in the first lottery and who have advanced degrees from accredited US universities. An additional 20,000 spots are allocated during this lottery.
• The order in which the lotteries are conducted is important because it means that applicants with a US Master’s degree are entered in two separate lottery rounds and have a higher chance of being selected.
• Lottery winners are notified electronically about selection and have 90 days to file a complete H-1B petition.

Is the H1B Lottery Really Random?

Yes, the registration process for the H-1B visa lottery is truly random. There are no unique steps you may take to improve your chances of being chosen. If your registration is properly submitted, the only reason it can be refused is if it is discovered as a duplicate registration, which means that the same employer has submitted more than one registration for the same beneficiary.

What are the chances of being selected in the H-1B lottery?

It’s really unfortunate that the US administers its professional visas through a lottery system, because the odds of being selected are not good, and they’ve gotten worse over the last several years.

In 2020, USCIS received 274,237 registrations. In 2021, the agency received 308,813 registrations. In 2022 it received 483,927 registrations.

According to these figures, registrants had an 18% probability of being selected last year. Not every selected registrant files an H-1B, thus the probabilities are actually worse. USCIS added 2 lottery rounds in 2020 and 3 in 2022! If this tendency continues, 2022 may have more rounds, increasing the lottery’s statistical odds.

• 483,927 Registrations Submitted for FY 2023
• 127,600 Registrations Selected for FY 2023 Season
• 48,000 Employers, 31% US Masters Quota for FY 2023

Best Way to Increase Your H-1B Lottery Chances

Multiple employer registrations can boost H-1B lottery chances for some. Duplicate registrations are legal, but frivolous ones are not.

An employer who registers a beneficiary must intend to file an H-1B petition and employ the beneficiary in H-1B status. If selected, a beneficiary with several sponsors must intend to work for them.

This is crucial for corporations with several related firms. Companies should consider twice before having many legal entities register the same beneficiary.

If you have been selected, the USCIS will notify your employer by the end of March. Then, starting from April 1, you can schedule an interview appointment with the US Embassy/Consulate in your country and get the visa stamp on your passport.

If you miss the annual registration period in March, you will need to wait until next year to submit a registration.

How to Check H-1B Lottery Results?

The employer “registrant” will receive a notification when a beneficiary is selected in the lottery. The beneficiary is not separately notified of the selection.

Unless USCIS cancels future lottery rounds, registrations will remain current. Employers should check myUSCIS for registrant account updates and receive email notifications.

What happens if you are selected in the H-1B lottery?

After winning the lottery, USCIS accepts H-1B petitions. An company must file an H-1B petition within 90 days of the lottery pick if it wishes to hire the person it entered. The beneficiary will lose the lottery if no petition is submitted.

How to See My H1B Status Updates?

When your employer submits the H1B visa petition, you will receive a 13-digit receipt number which you can use to check on your H1B status on the USCIS website. The receipt number starts with an “ EAC, WAC, LIN, SRC, NBC, MSC or IOE” and is followed by 10 numbers. Your status could state one of the following:

• Submitted – Your employer has submitted the petition and it is eligible to be selected.
• Selected – You have been selected and can file an H1B cap petition.
• Not Selected – You have not been selected and cannot file an H1B cap petition.
• Denied – Your employer has submitted more than one petition on your behalf and thus, your entire petition has been rejected.
• Invalidated-Failed Payment – Your employer has submitted a petition, but the payment has somehow failed or not gone through.

What Kind of Health Insurance Am I Eligible For?

The type of H1B health insurance you are eligible for depends on how long you will be staying in the United States. As an H1b visa holder you can have:

• Short-term insurance
• Long-term (domestic) insurance

How Long Do I Have to Wait for Processing?

The H1B visa processing time depends from country to country. US Embassies in different countries/cities have various processing times, so it is best to contact them for any details.

How Long Can I Stay in the US with an H1B Visa?

H1B visas can be extended for 3 years. A US resident can work and stay for 6 years. The person need not return home. Dual aim makes the H1B visa attractive.

Dual purpose visas allow immigrant status changes. After 6 years, you can apply for an Employment Based Green Card.

How to Extend the H1B Visa?

H1B extensions are similar to initial applications. Except for the Fraud Prevention and Protection Fee, the same fees apply. Your employer must follow the same steps for DOL certification and USCIS approval. Additionally, submit these documents:

• Your passport.
• Original I-94 Form (which you will get when your visa is approved).
• Valid I-797 Form.
• Letter from your employer describing your work in detail and signed by the company representatives.

H1B Amendment

The H1B Amendment requires US businesses to file a revised petition if the employee’s circumstances change materially. Anything that affects the employee’s eligibility for an H1B visa is considered a material change. The USCIS does not provide a list of what constitutes such a change, but some instances include:

• Change in the corporate structure.
• Promotion to a different department of the employee.
• If the employee is required to move to a different location than what is registered with USCIS.

After the change has occurred, the amendment can be filed. Since there is no general criteria for H1B amendments, employers must contact USCIS to establish whether the change qualifies and necessitates an amended petition.