H-1B Visa Lottery 2025 SchulzLaw Blog January 19, 2025 

Author C. Matthew Schulz

In March 2025, the U.S. Citizenship and Immigration Services (USCIS) will conduct its annual H-1B visa lottery, a pivotal event for U.S. employers seeking to hire skilled foreign workers. This lottery represents a critical opportunity, and now is the time for employers to prepare.

Numerical Limit and Lottery Submissions

The USCIS has established a cap of 65,000 H-1B visas for the regular category, with an additional 20,000 visas available under the U.S. advanced degree exemption, commonly known as the master's cap. Employers must submit their H-1B cap-subject lottery requests electronically between March 1 and March 20, 2025. Notably, the fee for submitting these requests has increased to $215 per entry.

Likelihood of Selection and Notification

Last year, the selection probability was approximately 30% due to the high volume of applications. Employers will be notified of selected lottery submissions through their USCIS online accounts, typically within a few days after the registration period ends. Following selection, H-1B petitions must be received by the USCIS within 90 days of April 1 or after notification, whichever is later.

Historically, the USCIS has conducted additional lottery selections using the March submissions. This practice allows the agency to grant more requests when employers fail to file H-1B petitions by the deadline or when petitions are denied.

New H-1B Rules Effective January 17, 2025

Starting January 17, 2025, new H-1B rules will be implemented to modernize and enhance the program. Key changes include:

• Expanded Definition of Specialty Occupations: The criteria for specialty occupations have been broadened to encompass a wider range of degree fields, allowing more job types to qualify;
• Increased Flexibility: Employers will benefit from greater flexibility in retaining talented workers, including expedited processing for individuals previously approved for an H-1B visa; and/li>
• Enhanced Program Integrity: Additional oversight measures and penalties for non-compliance will strengthen the integrity of the H-1B program.

Impact on Competition

With the expanded definition of specialty occupations, more job types are expected to qualify for the H-1B visa, potentially increasing competition for the limited lottery slots. Employers and applicants must be strategic in their submissions to navigate this competitive landscape.

Petitions Exempt from the Lottery

Certain petitions are exempt from the H-1B cap and do not require lottery participation, including:

• Extensions of stay for current H-1B workers;
• Changes in terms of employment for current H-1B workers;
• Changes of employer for current H-1B workers;
• Concurrent employment in additional H-1B positions for current H-1B workers;
• Institutions of Higher Education: Universities and colleges;
• Non-Profit Organizations: Affiliated with institutions of higher education;
• Non-Profit Research Organizations: Engaged in research activities;
• Governmental Research Organizations: Engaged in research activities; and
• For-profit companies, but only where the employee will work at a nonprofit or qualifying institution.

In General

H-1B petitions subject to the lottery are granted with a start date of October 1st or later. H-1B petitions are valid for up to 3 years. Petitions may be extended in increments of up to 3 years. Individuals are limited to live and work in the U.S. for a total of six years, counting only days spent in the U.S. under H-1B status. There are exemptions that allow individuals to live and work beyond the normal six-year limit.

Conclusion

The new H-1B rules and the upcoming lottery present both opportunities and challenges for employers and foreign workers. Staying informed and prepared is essential for success in this competitive environment.

For more information, contact the author.