h1b-visa-lottery Archives * flexco.com

Attention to all aspiring H-1B visa applicants, the highly anticipated second round of the H-1B lottery for the fiscal year 2025 has arrived! Prepare to embark on this competitive journey and navigate the complexities of the US work visa system. In this comprehensive guide, we will delve into the crucial details of the H-1B second round lottery, providing you with the knowledge and expertise to optimize your chances of securing a coveted spot. So, buckle up and let’s unravel the intricacies of the H-1B lottery process.

After the initial H-1B lottery, which takes place every April, the second round provides another opportunity for qualified candidates to submit petitions. This round is exclusively reserved for individuals holding advanced degrees (Master’s or higher) from US educational institutions. It is important to note that only successful applicants from the initial lottery are eligible to participate in the second round. With the limited number of visas available, the competition is fierce, but fret not, as we will equip you with strategies to increase your odds of success. Remember, the early bird catches the worm, and timely preparation is paramount.

Before you embark on the application process, it is imperative to familiarize yourself with the eligibility criteria and gather the necessary documentation. Ensure that you possess the required educational qualifications, work experience, and an offer of employment from a US-based employer. The petition submission window typically opens in late June and closes after a few weeks. During this period, it is crucial to ensure that your petition is meticulously prepared and meticulously reviewed before submission. Neglecting any crucial details or making errors can lead to disqualification. Stay tuned as we delve into the nuances of the H-1B second round lottery and provide valuable tips to maximize your chances of success.

The H-1B Lottery Process: A Comprehensive Overview

The H-1B Cap and Lottery System

The H-1B cap is a numerical limit imposed by the U.S. government on the number of H-1B visas that can be granted to foreign workers in a given fiscal year. For fiscal year 2023, the cap was set at 85,000 visas, with 20,000 additional visas reserved for foreign workers with advanced degrees from U.S. institutions.

The H-1B visa lottery is a random selection process used to allocate visas among the qualified applicants who exceed the cap. Petitioners submit electronic registrations during a designated registration period, and those selected in the lottery are invited to file a formal H-1B petition.

Key Dates

October 1 – November 17, 2023: Electronic registration period for the fiscal year 2025 H-1B lottery
March 9, 2024: Lottery results announced
April 1, 2024 – March 31, 2025: Filing period for selected H-1B petitions
October 1, 2024: Start date for employment under the selected H-1B petitions

Eligibility Requirements

To be eligible for the H-1B lottery, applicants must meet the following requirements:

Have a bachelor’s degree or higher from an accredited U.S. institution, or an equivalent degree from a foreign institution.
Have a job offer from a U.S. employer in a specialty occupation, as defined by the U.S. Department of Labor.
Be offered wages that are comparable to those paid to similarly qualified U.S. workers in the same occupation and location.
Intend to work in the United States temporarily, with the possibility of extending their stay if necessary.

Steps in the H-1B Lottery Process

Electronic Registration: Employers register their potential candidates for the H-1B lottery through the U.S. Citizenship and Immigration Services (USCIS) website.
Lottery Selection: USCIS conducts a random lottery selection process to choose the beneficiaries who will be invited to file H-1B petitions.
Petition Filing: Selected employers file formal H-1B petitions on behalf of their chosen beneficiaries, including supporting documentation such as job offer letters, academic credentials, and wage information.
Petition Adjudication: USCIS reviews and adjudicates the H-1B petitions to determine if they meet all eligibility requirements and whether the job offered is a specialty occupation.
Visa Issuance: If the H-1B petition is approved, USCIS issues an H-1B visa to the beneficiary, allowing them to work in the United States for the specified duration.

Eligibility Criteria for the H-1B Second Round Lottery

1. Employer Requirements

To participate in the second round lottery, employers must have:

A valid Employer Identification Number (EIN)
A physical presence in the United States
The ability to pay the H-1B wage

2. Beneficiary Requirements

Prospective H-1B employees must:

Hold a bachelor’s degree or higher from an accredited U.S. institution or its equivalent
Be in a specialty occupation that requires such a degree
Not have already used up their six-year H-1B limitation

3. Degree Equivalency

To qualify for an H-1B based on degree equivalency, the beneficiary must:

Have at least 12 years of experience that is equivalent to a U.S. bachelor’s degree in the specialty occupation
Possess a combination of post-secondary education and/or professional experience that is equivalent to a bachelor’s degree
Have comparable knowledge and skills in the specialty occupation to individuals with a bachelor’s degree in that field

The U.S. Department of Labor (DOL) maintains a list of professions that are considered to be “equivalent to U.S. bachelor’s degrees,” based on the following criteria:

The minimum entry-level requirements for the occupation typically require at least three years of post-secondary education
The occupation requires a substantial amount of specialized knowledge and/or expertise
The occupation has a high salary level

The DOL’s list of equivalent occupations is available here.

Dos and Don’ts of Submitting a Successful H-1B Second Round Lottery Application

Dos:

1. Submit Early: Timeliness is crucial, so submit your application as soon as the registration window opens.

2. Provide Accurate Information: Ensure that all the information on your application is correct and complete.

3. Use Professional Representation: Consider seeking assistance from an immigration attorney to guide you through the process and increase your chances of selection.

Don’ts:

4. Submit Incomplete Applications:

Incomplete applications will automatically be rejected. Make sure you gather all the required documentation and submit it together with your application.

Here’s a checklist of essential documents:

Passport	Visa	I-94 Arrival/Departure Record
Employment Contract	Educational Credentials	Proof of Specialty Occupation

5. Submit Multiple Applications: Submitting more than one application for the same individual is illegal and can lead to disqualification.

6. Wait Until the Registration Deadline: Procrastination can cause delays or server issues, so submit your application well before the deadline.

Maximizing Your Chances of Winning the H-1B Second Round Lottery

1. Understand the Lottery Process

The H-1B second round lottery is a process that randomly selects qualified H-1B applicants who were not selected in the first round. To participate, eligible applicants must have an approved H-1B petition and have a Form I-129R receipt number that begins with “25.”

2. Submit Your Application Early

Submissions for the second round lottery will open in late March 2024. Applicants are strongly encouraged to submit their applications as soon as possible to increase their chances of selection.

3. Ensure Accurate Information

Carefully review your H-1B petition and Form I-129R to ensure that all information is accurate and up-to-date. Any errors or inconsistencies can result in your application being rejected.

4. Use a Premium Processing Service

USCIS offers a premium processing service for H-1B petitions, which allows for expedited processing within 15 calendar days. This option can significantly increase the likelihood of your petition being approved in time for the second round lottery.

5. Advanced Planning: Strategies to Enhance Your H-1B Second Round Lottery Selection

To further enhance your chances of winning the second round lottery, consider implementing the following strategies:

a. Prioritize High-Demand Occupations

USCIS has identified certain high-demand occupations that receive priority in the H-1B lottery. Research the most sought-after occupations in your field and tailor your application accordingly.

b. Secure Funding and Employer Support

Demonstrate that you have secure funding for the duration of your H-1B employment and that your employer is fully committed to supporting your application.

c. Highlight Educational Qualifications

Emphasize any advanced degrees or specialized training that you possess. Employers often prioritize candidates with higher levels of education and expertise.

d. Focus on Work Experience

Showcase your relevant work experience and skills that align with the job requirements. Provide detailed descriptions of your accomplishments and demonstrate how your expertise can contribute to the U.S. economy.

e. Gather Supporting Documentation

Gather any supporting documentation that can strengthen your application, such as letters of recommendation, employment contracts, and evidence of your contributions to the field.

Timeline and Key Dates for the H-1B Second Round Lottery

The H-1B second round lottery is held annually to allocate H-1B visas that remain unclaimed after the initial lottery. The process involves employers submitting applications for the remaining visas, followed by a random electronic selection process.

Detailed Timeline

The following table provides the key dates for the H-1B second round lottery.

Date	Action
March 14, 2023	Registration for the H-1B lottery opens.
March 17, 2023	Registration for the H-1B lottery closes.
April 1, 2023	Initial H-1B lottery results announced.
May 22, 2023	Registration for the H-1B second round lottery begins.
May 24, 2023	Registration for the H-1B second round lottery ends.
June 8, 2023	H-1B second round lottery results announced.

Employer Eligibility

To participate in the H-1B second round lottery, employers must meet the following eligibility criteria:

Be a U.S. employer or an entity with a physical presence in the United States.
Have a temporary or permanent worksite in the United States where the H-1B worker will be employed.
Be able to demonstrate that they have the financial resources to pay the H-1B worker the prevailing wage.

Application Process

Employers must file an H-1B petition on behalf of a foreign worker who has been selected in the lottery. The petition must include the following information:

The worker’s name, date of birth, and country of citizenship.
The job title and occupational code for the position that the worker will fill.
The location where the worker will be employed.
The start date and end date of the employment period.
The salary that will be paid to the worker.

The employer must also submit supporting documentation, such as a copy of the worker’s passport and a letter of support from the employer.

Selection Process

The H-1B second round lottery is a random electronic selection process. Employers who are selected in the lottery will be notified by USCIS and will have 90 days to file an H-1B petition on behalf of the worker.

Anticipated Cap Numbers for the H-1B Second Round Lottery

The H-1B second round lottery is expected to open in March 2025, and the cap numbers for the lottery are anticipated to remain the same as in previous years. The cap includes both the regular cap of 65,000 H-1B visas and the advanced degree exemption cap of 20,000 visas.

Regular Cap:

The regular cap for the H-1B second round lottery is expected to remain at 65,000 visas. This cap includes visas for all H-1B workers, regardless of their country of origin.

Advanced Degree Exemption Cap:

The advanced degree exemption cap for the H-1B second round lottery is expected to remain at 20,000 visas. This cap is available to H-1B workers who have earned a master’s degree or higher from a U.S. institution of higher education.

Master’s Cap:

The master’s cap is expected to be the same as the regular cap and the advanced degree cap combined. This means that approximately 85,000 H-1B visas will be available through the second round lottery.

Overall Cap:

The overall cap for the H-1B second round lottery is the sum of the regular cap and the advanced degree exemption cap. This cap is expected to remain at 85,000 visas.

	Regular Cap	Advanced Degree Exemption Cap	Overall Cap
2023	65,000	20,000	85,000
2024	65,000	20,000	85,000
2025 (Projected)	65,000	20,000	85,000

Eligibility

To be eligible for the second round lottery, petitioners must have filed an H-1B cap-subject petition for the regular H-1B lottery and received a rejection notice because the petition was not selected in the first lottery drawing.

Caps and Allocations

The annual H-1B cap for the United States is 65,000, with an additional 20,000 visas reserved for individuals who have earned a U.S. master’s degree or higher. The second lottery will draw from the remaining visas that were not allocated during the first lottery.

Selection Procedures

The second lottery will be conducted electronically by U.S. Citizenship and Immigration Services (USCIS). Petitioners will be notified if their petition has been selected.

Timeline

The second round lottery will typically be held in late March or early April of the following fiscal year (i.e., for FY 2025, the second lottery would be held in late March or early April of 2024).

Fees

There is no additional fee to participate in the second round lottery. However, petitioners must have already paid the H-1B filing fee when they submitted their initial H-1B petition.

Approval and Processing

If a petition is selected in the second round lottery, USCIS will process the petition as with any other H-1B petition. This includes conducting a background check, reviewing the petition for completeness and accuracy, and issuing an approval or denial decision.

Appeal Process

If a petition is denied in the second round lottery, the petitioner may appeal the decision to USCIS or file a lawsuit in federal court. However, the appeal and litigation process can be lengthy and complex.

Disclaimer

The information provided in this article is for general informational purposes only and does not constitute legal advice. Please consult with an immigration attorney for specific guidance on your situation.

H1B Second Round Lottery 2025

The H1B second round lottery, also known as the “cap-gap” lottery, is a U.S. government lottery that allows employers to hire additional H1B workers if there are unused H1B visas from the initial lottery. The second round lottery is typically held in September or October of each year. To be eligible for the second round lottery, employers must have filed an H1B petition for a cap-subject worker who was not selected in the initial lottery. The petition must have been filed on or before the filing deadline, and the worker must meet all other eligibility requirements for the H1B visa. In the second round lottery, employers will be selected randomly from the pool of eligible petitions. Selected employers will be able to hire the H1B workers who were not selected in the initial lottery.