Understanding the H-1B Visa Lottery Process: How It Works and What to Expect

The H-1B visa lottery is the gateway for skilled foreign workers to secure employment in the United States. It’s a competitive but promising process for software engineers and tech companies that can open doors to new talent and opportunities. This guide will walk you through each step of the H-1B visa lottery—from application to final steps if you’re selected (or not).

What Is the H-1B Visa Lottery?

The H-1B visa lottery is the selection process used by the U.S. Citizenship and Immigration Services (USCIS) to allocate a limited number of H-1B visas. Since demand typically exceeds the visa cap, USCIS uses a lottery to select petitions randomly. Each year, 85,000 H-1B visas are available:

• Regular Cap: 65,000 visas for foreign nationals with at least a bachelor’s degree.
• Advanced Degree Cap: An additional 20,000 visas for candidates with a U.S. master’s degree or higher.

The lottery occurs annually, with the filing period opening in March. Companies submit petitions on behalf of eligible candidates, who are entered into the lottery to potentially secure a visa.

Step 1: Application Process and Requirements

For Candidates:

To qualify for the H-1B visa, candidates must meet the following criteria:

1. Education & Occupation: A bachelor’s degree or equivalent is required in a specialized field, and the candidate’s occupation must be in a specialty occupation category, such as software engineering, data science, or other tech roles.
2. Job Offer: The candidate must have a valid job offer from a U.S. employer willing to sponsor the H-1B petition.

Candidates can optimize their chances by providing complete documentation and ensuring they meet all educational and experience requirements.

For Employers:

Companies looking to sponsor an H-1B employee need to:

1. Submit a Labor Condition Application (LCA): Employers must file an LCA with the U.S. Department of Labor, specifying the position, salary, and location, and ensuring the wage meets prevailing wage standards.
2. Prepare H-1B Petition Documents: Employers compile documents, including the LCA, job description, candidate credentials, and filing fees, to support the H-1B application.

Pro Tip: Submit all documents ahead of deadlines, as the application period is brief and demand is high.

Registration fees have gone up to $215 in April 2024.

Step 2: The H-1B Lottery Process

Once the application is submitted, it’s entered into the lottery. USCIS conducts the lottery in two rounds:

1. Round 1: USCIS conducts the lottery for the 65,000 Regular Cap slots, which includes applicants with and without advanced U.S. degrees.
2. Round 2: Advanced degree holders who were not selected in Round 1 are entered into a second lottery for the additional 20,000 visas in the Advanced Degree Cap.

Results are generally announced within a few weeks of the lottery.

Step 3: If You’re Selected in the Lottery

If you are selected, here’s what comes next:

For Candidates:

1. Receipt Notice: USCIS issues a receipt notice for your H-1B petition, confirming selection.
2. Consular Processing (if outside the U.S.): If you’re not in the U.S. on a visa, you’ll need to attend an interview at your home country’s U.S. consulate for visa stamping.

Begin Work on October 1: If the petition is approved, your employment authorization begins on October 1 of the same year.

For Employers:

1. Employment Start Date: Companies should prepare for the employee’s arrival around the start date, typically October 1.
2. H-1B Compliance: Ensure compliance with ongoing H-1B regulations, including maintaining wage and role consistency as outlined in the LCA. Non-compliance can result in fines or visa revocation.

Step 4: If You’re Not Selected in the Lottery

Not being selected in the lottery can be disappointing but doesn’t close the door to working in the U.S. entirely. Here are some alternative options:

1. STEM OPT Extension: If you’re currently on an F-1 visa with Optional Practical Training (OPT), the STEM OPT extension offers an additional 24 months of work authorization for candidates in science, technology, engineering, and mathematics.
2. Other Work Visas: Companies can explore alternative visa categories, such as the O-1 visa (for individuals with extraordinary ability) or the L-1 visa (for intra-company transfers).
3. Refiling Next Year: Consider refiling next year if you continue to meet eligibility requirements and have employer sponsorship.

Alternative Solution: Explore opportunities with employers who offer remote work or locations outside the U.S., allowing you to work for U.S.-based companies without the need for a U.S. visa.

Key Tips for Candidates and Companies

Tips for Candidates:

• Stay Informed: Ensure you understand the eligibility requirements and consult with an immigration attorney if needed.
• Be Patient: The process can be lengthy and competitive, but staying proactive and organized can increase your chances.
• Network: Building relationships with companies experienced in sponsoring H-1B visas may boost your chances for sponsorship.

Tips for Employers:

• Prepare Ahead: Begin the application process early to avoid delays.
• Stay Compliant: Maintain transparency in wage and role specifications for the sponsored employee to avoid penalties.
• Consider Alternatives: Having a contingency plan if the candidate isn’t selected can ensure your team continues to grow with skilled tech talent.

Conclusion

The H-1B visa lottery can be a complex and competitive process, but understanding the key steps can help both candidates and employers navigate it effectively. While the lottery isn’t a guarantee, it’s a valuable opportunity for talented foreign workers to join the U.S. tech industry. For tech companies, it offers the chance to bring in top global talent.

If you’re a candidate considering new opportunities, explore Ubiminds for roles that allow for remote work or other avenues to collaborate with U.S. tech companies. We’re here to connect tech talent with roles that empower them to grow and succeed—no visa lottery required!

Scheila Farias Silveira

International Marketing Leader, specialized in tech. Proud to have built marketing and business generation structures for some of the fastest-growing SaaS companies on both sides of the Atlantic (UK, DACH, Iberia, LatAm, and NorthAm). Big fan of motherhood, world music, marketing, and backpacking. A little bit nerdy too!