Second H-1B Visa Lottery Opens – With a Caveat

 Posted on August 04,2024 in Immigration

In an unexpected turn, the H-1B Visa lottery that closed on June 30th failed to receive enough applicants, so a second lottery has been announced to meet the cap numerical allocation for Fiscal Year 2025. Applicants who were not selected in the initial H-1B Visa lottery held in March 2024 will have another chance during this second round of selections. While immigration is often a subject full of more questions than answers, this is an outstanding opportunity for those who qualify.   

The caveat in this second round is that there will likely be no selections for the advanced degree exemption, as the first round yielded enough registrations and petitions to meet the cap numerical allocation.  USCIS takes 85,000 H-1B Visa applications each year – which equals 0.05 percent of the U.S. labor force. Of those, 25,000 are advanced degree holders, and the remainder are BA or BS holders.

Filing for an H-1B Visa is very complex, making it extremely important that you have a knowledgeable Carrollton, TX immigration attorney assisting you throughout the process. The attorneys and staff at John W. Lawit, LLC are dedicated to providing the highest-quality legal services to the immigrant community. We aim to always protect immigrants' rights while ensuring they are aware of all the available options and benefits. 

How Does the H-1B Visa Lottery Work?

In March 2024, a random selection of electronically submitted registrations for the fiscal year 2025 was conducted. About 125,000 people are usually invited to apply for an H-1B Visa, but the number necessary to reach the 85,000 accepted applicants was underestimated for 2025. Only those who were selected in the lottery were eligible to file for an H-1B Visa between April 1 and June 30th.  This category of visas brings in the highest number of guest workers. Requirements for the H-1B Visa include:

• Highly specialized knowledge in the specialty applied for

• The attainment of a bachelor’s degree or advanced degree in the specialty (or the equivalent) 

• The job sought is so unique or complex that only a person with a degree can perform the job

• The employer normally requires a degree for the position

• The applicant must have a sponsoring employer/company

Additional requirements and qualifications for this visa can be found on the USCIS website, but the best information can be obtained from an experienced immigration attorney. 

In 2021, 46 percent of the eligible H-1B visa applicants were selected; in 2022, 44 percent; in 2023, 27 percent; and for the fiscal year 2024, only 25 percent. 

The lower percentages correlate with a higher number of eligible registrations. In 2021, there were 269,424 applicants, while in 2024, there were 758,994. Each year, the USCIS selects more than the 85,000 annual limit to allow for denials and withdrawals. 

How Will the New H-1B Visa Lottery Work?

Since there were only enough applicants to meet the numbers for those with an advanced degree, the lottery is being re-opened for those with a BS or BA degree. There will be a second random selection from the pool of previously submitted electronic registrations. Only petitioners with selected registrations for fiscal year 2025 will be eligible to file during this second lottery. 

Prospective petitioners selected in this round will be notified that they are eligible to file an H-1B cap petition. Those selected will receive an update in their USCIS online accounts, which includes a selection notice that details the filing process. The new lottery is already open and will close soon, so time is of the essence. 

Contact a Dallas County, TX Immigration Attorney Right Away

When you choose John W. Lawit, LLC for your immigration needs, you will receive comprehensive legal services that promote opportunities for a meaningful quality of life. Regardless of your immigration issue, our firm is ready to work toward the best outcome possible. Attorney John Lawit was instrumental in establishing the Immigration Section of the Dallas Bar Association and his vast experience in immigration issues benefits every applicant. Contact an Irving, TX immigration attorney from John W. Lawit, LLC by calling 214-609-2242. Se habla Español. We speak Korean.