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Crescent Law | H-1B Lottery Guide

Understanding the H-1B Lottery Process

H-1B lottery registration and selection process overview

Each fiscal year, USCIS conducts a lottery to allocate H-1B visas. Knowing how the process works and how to position yourself is critical for success.

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How the H-1B Lottery Works

The H-1B visa program is subject to an annual numerical cap of 65,000 visas, with an additional 20,000 visas reserved for beneficiaries who hold a U.S. master's degree or higher. Because demand consistently exceeds supply, USCIS uses a lottery system to randomly select registrations for processing. Employers must first submit electronic registrations during a designated registration period, typically in March, for employment starting the following October 1. Understanding this process is essential for Seattle employers competing for skilled talent in technology, engineering, healthcare, and other specialty fields.

H-1B Lottery Timeline

01

Electronic Registration Period (Early to Late March)

Employers submit electronic registrations through the USCIS online system. Each registration identifies the prospective H-1B worker and basic information about the proposed employment. The registration fee is currently $215 per beneficiary.

02

Lottery Selection (Late March to Early April)

USCIS conducts the random selection process. Since fiscal year 2025, USCIS selects by unique beneficiary rather than by registration, meaning multiple registrations for the same worker do not increase selection odds.

03

Petition Filing Window (April 1 Through June 30)

Employers whose registrations are selected have at least 90 days to file the full H-1B petition, including the certified LCA, Form I-129, and all supporting documentation.

04

USCIS Adjudication (Varies)

USCIS reviews filed petitions through regular processing or premium processing. Approved petitions take effect on October 1 of the relevant fiscal year.

05

Employment Begins (October 1)

Selected and approved H-1B workers may begin employment in H-1B status on October 1. Workers already in the U.S. in another valid status may be eligible for a change of status.

Cap-Exempt Employers

Not all H-1B petitions are subject to the annual cap. Employers that are institutions of higher education, nonprofit research organizations, or governmental research organizations are cap-exempt. Additionally, petitions filed on behalf of workers who will be employed at a qualifying cap-exempt entity may also be exempt. If you are affiliated with the University of Washington, Fred Hutchinson Cancer Center, or similar institutions in the Seattle area, your petition may not need to go through the lottery.

H-1B Cap Numbers at a Glance

Category

Regular Cap

Annual Allocation

65,000

Category

U.S. Master's Degree Exemption

Annual Allocation

20,000

Category

Cap-Exempt (no limit)

Annual Allocation

Unlimited

Beneficiary-Centric Selection

USCIS now uses a beneficiary-centric selection process, meaning each unique worker can only be selected once regardless of how many employers register them. This change was designed to improve fairness and reduce the advantage previously held by workers with multiple registrations.

Prepare for the Next H-1B Lottery Season

Crescent Law helps Seattle employers and professionals develop a strategic approach to the H-1B lottery, including evaluating cap-exempt alternatives and backup visa options.

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Frequently Asked Questions

What are my chances of being selected in the H-1B lottery?
Selection rates vary by fiscal year depending on the number of registrations. In recent years, rates have ranged from roughly 25% to 40% for a single registration. Because of the beneficiary-centric system, having multiple employers register you does not improve your odds.
Can I apply for the H-1B lottery while on OPT or STEM OPT?
Yes. Many candidates register for the H-1B lottery while working under OPT or STEM OPT following graduation. If selected and approved, your H-1B status would begin on October 1. You may also be eligible for a cap-gap extension that bridges your OPT authorization until the H-1B start date.
What happens if I am not selected in the lottery?
If your registration is not selected, the employer cannot file an H-1B petition under the cap for that fiscal year. Alternative strategies include pursuing cap-exempt employment, exploring O-1 visa eligibility, applying again the following year, or continuing on current status such as OPT or STEM OPT if available.
Is there a second round of H-1B lottery selections?
USCIS may conduct additional selection rounds if it determines that the initial selections will not generate enough petitions to meet the cap. This has occurred in several recent fiscal years, typically in the summer months.
Can a Seattle startup sponsor an H-1B through the lottery?
Yes. Any U.S. employer can sponsor an H-1B petition, regardless of company size. Startups must demonstrate the ability to pay the offered wage and that a legitimate specialty occupation position exists. Working with an experienced immigration attorney helps ensure the petition is competitive.

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Whether you are a professional exploring your visa options or an employer building a global team, we are here to help you navigate the process with clarity and confidence.

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