H-1B Registration Lottery Closing: March 24th at 11 AM Central
By James Larsen, Managing Attorney
H-1B Registration Lottery Closing: Deadline March 45th at 11 AM Central - What You Need to Know
As the H-1B visa registration season winds down, many employers and foreign nationals eagerly await the results of the lottery. The H-1B visa program is one of the most sought-after pathways for skilled foreign workers to obtain a temporary work visa in the United States. Every year, thousands of applicants vie for a limited number of slots available under the lottery system. With the deadline fast approaching on March 24th at 11 AM Central, here’s what you need to know about the closing of the H-1B registration process and the next steps.
The H-1B Lottery Process
The H-1B visa lottery is part of a larger process that includes an online registration period, followed by a random selection process if the number of registrations exceeds the annual cap set by the U.S. Citizenship and Immigration Services (USCIS). The current cap for the regular H-1B category is 65,000, with an additional 20,000 slots available for applicants with a U.S. master's degree or higher.
The registration process typically opens in March, with employers submitting details of their potential candidates. If the number of registrations surpasses the available slots, USCIS conducts a random lottery to select the applicants. Those who are selected will then proceed to the next step of the process: filing a complete petition for the H-1B visa.
What Is Needed for H-1B Registration?
Not a lot is needed. Employers must provide the following details when submitting their H-1B registration:
- Company Name: The name of the sponsoring employer.
- FEIN (Federal Employer Identification Number): A unique number assigned to the business by the IRS.
- Company Address: The physical address of the sponsoring company.
For the foreign worker being sponsored, the following information is needed:
- Candidate Full Name: The legal name of the foreign national.
- Date of Birth: The applicant's date of birth.
- Passport Number: The applicant's passport number.
- Passport Issuance Date and Expiration Date: The issue and expiration dates of the applicant’s passport.
- Country of Passport Issuance: The country that issued the applicant’s passport.
In addition, to be eligible for an H-1B visa, the applicant must have at least a four-year bachelor's degree or its equivalent in a specialty occupation. If the candidate does not meet this education requirement, they can substitute three years of relevant work experience for each year of missing education.
What Happens After the Lottery Closes?
Once the H-1B registration period closes, USCIS will conduct the lottery to determine which applicants will proceed to the petition stage. Employers whose registrations are selected in the lottery will have the opportunity to file an H-1B petition on behalf of their selected employees. The filing period typically opens in April.
If you are a foreign worker whose registration was selected, your employer will be required to submit the petition by the filing deadline. It’s crucial that the petition is thorough and includes all required documentation to avoid delays or rejections.
What Happens If You Don’t Get Selected?
Not all registrants will be selected in the lottery. If your registration is not selected, you will unfortunately not be able to apply for an H-1B visa for that particular year, unless you apply with an exempt employer. However, there are alternative visa options that you may want to consider:
- O-1 Visa: For individuals with extraordinary abilities in fields such as science, education, business, or athletics.
- L-1 Visa: For employees of international companies who are transferring to a U.S. office.
- Other Visa Categories: Depending on your field and circumstances, other visas such as the TN visa for Canadian and Mexican citizens or the E-2 visa for investors might be applicable.
Employers may also consider filing for the next H-1B cycle in the subsequent year or look into other work visa options for non-immigrants.
What Employers Should Do Now
If you were able to submit a registration for the H-1B lottery, here are some tips to keep in mind:
- Prepare the Petition: Start gathering all the necessary documentation and evidence needed to file the complete petition. This includes the employee’s qualifications, the job offer, and any supporting materials.
- Stay Informed: Stay up-to-date with any notifications from USCIS regarding the lottery results. If your registration is selected, make sure you are ready to move forward with filing the full petition.
- Plan for Alternative Options: While waiting for the lottery results, consider planning alternative visa strategies in case your registration is not selected. Having a backup plan can ensure your business operations continue smoothly.
Final Thoughts
The H-1B registration lottery is a crucial part of the visa application process for skilled foreign workers. While it can be a stressful time for both employers and applicants, it’s important to stay informed, prepared, and flexible. The closing of the registration marks the beginning of a waiting period, but it also opens the door for future possibilities. Keep track of deadlines—the registration period ends on March 24th at 11 AM Central—and if you weren’t selected this year, look for other visa options or consider reapplying next year.
Immigration law changes rapidly. This article is for informational purposes only, reflects the law as of its publication date, and may be superseded by later changes in the law, regulations or agency policy. It is not legal advice, and reading it does not create an attorney-client relationship.La ley de inmigración cambia rápidamente. Este artículo es solo para fines informativos, refleja la ley a la fecha de su publicación y puede quedar superado por cambios posteriores en la ley, las regulaciones o las políticas de las agencias. No es asesoría legal, y leerlo no crea una relación abogado-cliente.