U.S. Citizenship and Immigration Services (USCIS) has announced that a second lottery will be conducted for the fiscal year (FY) 2025 H-1B cap for the regular cap category. This follows an initial selection process that took place in March 2024.
Article at a Glance
- USCIS will conduct a second H-1B lottery for the FY 2025 regular cap to meet unmet visa quotas.
- The second lottery is due to high demand and insufficient petitions from the initial selection.
- Only previously unselected registrations are eligible for the second lottery.
- The master’s cap has reached its quota and won’t have a second lottery, but these registrations will be included in the regular cap selection.
- The exact date for the second lottery is forthcoming but expected soon.
- Selected registrants will receive filing instructions through their USCIS online accounts.This reflects the high demand and importance of the H-1B visa program for the U.S. economy.
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Key Details
Why is a second lottery necessary?
The second lottery is needed to meet the annual quota of H-1B visas, which allow U.S. employers to temporarily employ foreign workers in specialty occupations. The initial selection process did not result in enough petitions being filed to reach the numerical allocation for the regular cap.
Who is eligible for the second selection?
The second selection will be made from previously submitted electronic registrations. This includes registrations that indicated eligibility for the master’s cap along with those that indicated only eligibility for the regular cap.
What about the master’s cap?
USCIS will not be conducting a second selection for the advanced degree exemption (the master’s cap). Enough master’s cap registrations were already selected, and sufficient petitions were received to meet the projected FY 2025 master’s cap numerical allocation.
When will the second selection take place?
USCIS has stated that they will select additional registrations “soon” but has not provided a specific date.
How will selected registrants be notified?
Those with selected registrations will have their USCIS online accounts updated to include a selection notice. This notice will provide details on when and where to file the H-1B cap-subject petition.
What was the initial filing period for FY 2025?
The initial filing period for those with selected registrations for FY 2025 was from April 1 through June 30, 2024.
Process Details
- Initial Selection: In March 2024, USCIS conducted the first random selection for FY 2025 H-1B cap-subject petitions, including those eligible for the advanced degree exemption.
- Second Selection: USCIS will soon select additional registrations for unique beneficiaries from previously submitted electronic registrations using a random selection process.
- Notification: Prospective petitioners with newly selected registrations will be notified of their eligibility to file an H-1B cap-subject petition for the beneficiary named in the applicable selected registration.
- Announcement: USCIS will announce when they have completed this second process of selections and notifications.
- Filing Instructions: Selected registrants will have their USCIS online accounts updated with selection notices, including details on when and where to file.
Comparison to FY 2024
This situation mirrors last year when USCIS held a second lottery for FY 2024 H-1B visas. In 2023, the agency saw a significant 61% increase in H-1B applications, with 780,884 submissions for FY 2024. This surge in applications likely contributed to the need for a second selection process, a trend that appears to be continuing for FY 2025.
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Why This Matters: Analysis and Implications
The second H-1B Cap Lottery has far-reaching implications for various stakeholders in the U.S. economy and labor market:
- Filling Labor Shortages: Many businesses, particularly in the tech sector, rely on highly skilled foreign workers to fill positions they cannot fill domestically. The second lottery increases the chances that these businesses can secure the talent they need to innovate and grow.
- Economic Growth: H-1B visa holders often contribute significantly to the U.S. economy. They start businesses, create jobs, pay taxes, and drive innovation. The second lottery allows more of these individuals to enter the U.S. and contribute to economic growth.
- Global Competitiveness: The ability to attract top global talent is crucial for the U.S. to remain competitive in the global market. The second lottery helps the U.S. maintain its position as a hub for innovation and entrepreneurship.
- Opportunities for Individuals: For highly skilled foreign workers, the H-1B visa is a pathway to pursue career opportunities and contribute their skills in the U.S. The second lottery allows more individuals to achieve their career goals and improve their lives.
- Impact on HR and Corporations: Human Resources departments and corporations hiring international employees gain additional opportunities to secure needed talent. This can be particularly crucial for those in the midst of or planning to begin the PERM (Program Electronic Review Management) process for permanent residency.
- U.S. Labor Situation: The second lottery reflects the ongoing demand for skilled foreign workers in the U.S., highlighting the complex interplay between immigration policies and the needs of the U.S. labor market.
Looking Ahead
As USCIS moves forward with this process, applicants and employers should stay alert for updates and ensure they’re prepared to act quickly if selected in this second round. The ongoing need for second lotteries in consecutive years underscores the high demand for H-1B visas and may prompt discussions about potential changes to the program or visa cap in the future.