H-1B Visa and the Lottery (Online Registration)

With the fiscal year 2025 H-1B registration period opening soon, we are getting questions from prospective employers and job candidates about the H-1B non-immigrant visa and the upcoming H-1B registration process. We want to take this opportunity to address the questions frequently asked by prospective employers and candidates about the H-1B visa and lottery process.

1.      I have a candidate who I want to employ and will need H-1B sponsorship, am I eligible to be a sponsor as the employer?

The following are some of the general guidelines for the H-1B non-immigrant visa.

• H-1B visa is available to U.S. companies seeking to employ a foreign national worker in a specialty occupation – typically defined as a position that requires the minimum of a bachelor’s degree or equivalent in the field to perform.

• The employer must pay the H-1B worker a prevailing wage, which is defined as the average wage paid to workers in similar positions in the area of intended employment.

• The offered position can be a full-time position or a part-time position.

It is important for the company to correctly identify these points before the registration process. We can help you assess whether the position qualifies as a specialty occupation, determine the prevailing wage for the position offered, and assess the candidate’s eligibility for H-1B visa.  Please contact us for assistance.

2.       I am eligible and want to sponsor the candidate for H-1B, so he/she can work for my company.  What should I do next?

• If the candidate has never held H-1B status, mostly this will be a new petition subject to the mandated annual cap for H-1B visa. For beneficiaries with a bachelor’s degree, the cap is 65,000 per fiscal year (“regular cap”). An additional 20,000 is available to beneficiaries with a master’s degree or higher (“master’s cap”) earned in the United States.

• USCIS utilizes a registration process to select the applications interested for an H-1B visa. Usually in early March, USCIS opens the registration period for the upcoming fiscal year, which begins on October 1. During the registration period, prospective employers are allowed to submit one registration per beneficiary (prospective employee).

• After the registration period is closed, USCIS randomly selects a sufficient number of registrations that are properly submitted. If selected, the prospective employer may file a H-1B petition for the beneficiary named in the selected registration. For selected registrations, we will have a 90-day filing period beginning on April 1 to prepare and submit the H-1B petition.

• If the employer desires to proceed with filing the H-1B petition, the employer must file the petition within the filing period indicated on the registration selection notice.

• After the petition is approved, the employee can start to work for the employer in H-1B status on October 1 of that year.

If you are an H-1B cap-subject employer wanting to sponsor a candidate for H-1B employment, we strongly recommend you to start preparing for the H-1B registration process and the upcoming petition as soon as possible. We can assist you in the lottery registration process, and preparing and filing the petition once selected. Please contact us.

3.      Are there any exceptions to the H-1B lottery?

• Some employers are exempt from the H-1B cap and can sponsor an employee for H-1B visa at any time during the year without undergoing the lottery process.

• Cap-exempt employers include: institutions of higher education, nonprofit entities related to or affiliated with an institution of higher education, nonprofit research organizations or governmental research organizations, and a non-qualifying entity if the employee will work at a qualifying entity for the majority of the time.

If you need assistance in determining whether your entity may be exempt, we are here to help, please contact us.

4.      The candidate is a foreign national, will he or she need H-1B sponsorship?

We recommend you to seek legal advice in evaluating the candidate’s individual situation and the types of employment-based non-immigrant visas available. This is what we do at Lau Immigration Law, and we are glad to help you to seek out the most suitable solution. Below are some common situations where a job candidate may need H-1B sponsorship and have a registration prepared on their behalf:

• Students who are on F-1 visa and currently working under Optional Practical Training (OPT) or Curricular Practical Training (CPT).  These students may need H-1B sponsorship later when their OPT or CPT expires in order to continue working in the United States.

• Candidates who are in other nonimmigrant status, with or without work authorization, that seek to change their status to H-1B.

• Candidates who are currently hold H-1B status with an H-1B cap-exempt employer and are seeking employment opportunities with an H-1B cap-subject employer.

Immigration law is an ever-changing area of law; thus, we highly recommend you to work with a legal counsel for the most up-to-date and detailed information. It will save you valuable time and frustration in the process. We are looking forward to working with you in meeting your immigration needs. Contact us.

This article is also available in Traditional Chinese and Simplified Chinese.

Disclaimer: The information on this website is provided for general informational purposes only and is subject to change without notice. It does not, and is not intended to, constitute legal advice. Accessing or using information on this website does not create an attorney-client relationship between you and the Firm, and it is not intended to do so.