Key Considerations for the 2024 H-1B Lottery
Attorneys: Xie Zhengquan, Yin Jiarui, Zhao Qian, Ling Haochun, Xiao Xiang
As we prepare for the Fiscal Year 2025 H-1B lottery, we hope this article will provide you with practical and useful guidance. If you have any questions not addressed herein, please feel free to contact us directly.
Historical Data of the H-1B Lottery
Fiscal Year
|
Total number of lottery registrations
|
Valid lottery registration
|
Only one valid lottery registration is filed on behalf of the foreign national employee
|
File multiple valid lottery registrations on behalf of foreign national employees
|
Total number of selected registrations
|
2021
|
274,237
|
269,424
|
241,299
|
28,125
|
124,415
|
|
2022
|
308,613
|
301,447
|
211,304
|
90,143
|
131,924
|
|
2023
|
483,927
|
474,421
|
309,241
|
165,180
|
127,600
|
2024
|
780,884
|
758,994
|
350,103
|
408,891
|
188,400
|
Key Takeaways from the Above Historical Data
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The number of registrations for the H-1B lottery has increased year by year.
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The selection rate for H-1B lottery registrations has declined year by year.
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Last year, more than half of the lottery participants submitted multiple registrations.
Lottery Timeline
U.S. Citizenship and Immigration Services (USCIS) has not yet announced the exact schedule. Last year, the electronic registration period for the H-1B lottery ran from March 1 to March 18. It is estimated that this year’s registration window will be roughly the same as last year’s.
Account Registration
Only employers and immigration attorneys are allowed to create organizational accounts online for H-1B lottery participation. Foreign national employees are not permitted to set up their own lottery accounts.
This new Organization Account will serve as a one-stop online platform for companies to participate in the H-1B lottery and submit subsequent H-1B petitions, facilitating direct collaboration between employers and immigration legal teams.
During a web conference held on the afternoon of January 24 (today), USCIS did not announce the official launch date of the system; however, it is expected that the Organization Account will enter a pilot phase in February this year. Organizations or companies that have registered in previous years do not need to re-register, though the system may undergo significant upgrades.
Lottery Registration Fee
USCIS charges a processing fee of $10 per electronic registration. Recent rumors circulating on social media platforms such as Xiaohongshu claiming an increase in the registration fee are unfounded; USCIS has confirmed that there will be no fee hike this year.
Based on past experience, USCIS will announce the lottery results no later than March 31 upon completion of the lottery process. Both employers and attorneys will receive the results in real time.
Eligible Employers for Lottery Participation
Employers eligible to participate in the H-1B lottery must be U.S.-registered companies, not individuals. The person you consider your "boss" is not necessarily your legal employer, and the supervisor who oversees your daily work may not qualify as an employer that can sponsor your H-1B petition.
Most employers are willing to file H-1B lottery registrations for their employees. If your current employer declines to sponsor your H-1B registration, it is advisable to explore alternative options promptly.
Employers may file H-1B lottery registrations for foreign national employees who are not currently employed by them. A company participating in the lottery is not required to have an existing employment relationship with the foreign national for whom it files the registration.
Furthermore, a company that files an H-1B lottery registration for a foreign national is not obligated to hire that individual if they are selected.
Conversely, a foreign national selected in the H-1B lottery is not required to work for the company that filed the registration on their behalf.
If an employer refuses to proceed with filing the H-1B petition after the foreign national is selected in the lottery, the allocated H-1B quota will be wasted.
Once an H-1B petition is approved following lottery selection, the foreign national’s employment authorization with the sponsoring employer will only take effect on or after October 1.
Eligible Foreign National Students/Employees for Lottery Participation
Foreign national employees must secure an employer willing to file an H-1B lottery registration on their behalf.
If you are currently in the U.S., you must maintain a valid nonimmigrant status (e.g., F-1, F-2) to be eligible for lottery participation.
If your status is about to expire or you have already lost legal status, you must depart the U.S. promptly. Your employer may still file a lottery registration on your behalf; however, if your status has been lapsed for six months or more, you should consult an immigration attorney for a case-specific evaluation.
Foreign nationals not currently residing in the U.S. are also eligible for the H-1B lottery, provided they have a U.S. employer willing to file the registration on their behalf.
Eligible Job Positions for Lottery Participation
Not all job positions qualify for H-1B sponsorship. However, there is no requirement to specify the job position when submitting an H-1B lottery registration to USCIS.
Whether a job position is eligible for H-1B sponsorship is a matter that only needs to be addressed after the applicant is selected in the lottery.
Although job position details are not required for lottery registration, it is essential to understand the prerequisites for H-1B-eligible positions in advance:
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Educational Requirement: The job title must reflect a position that typically requires at least a bachelor’s degree or equivalent professional knowledge to perform. Positions such as "administrative assistant," "secretary," "chef," "sales representative," or "technician" generally do not meet H-1B eligibility criteria.
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Degree-Job Relevance: The nature of the job must be closely related to the applicant’s field of study, or at the very least, not completely unrelated. For example, an engineering graduate may seek roles as an engineer or engage in sales within the engineering sector, but should avoid positions such as accountant that have no connection to their academic background.
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Wage Requirement: The offered salary must meet the prevailing wage standards set by the U.S. Department of Labor for the specific position and location. A higher salary level generally strengthens the H-1B petition.
That said, salary is not a decisive factor for H-1B approval. As long as the position meets the aforementioned two criteria, alternative solutions are available even if the offered salary is relatively low.
Required Documents for Lottery Participation
Our law firm only requires clients to provide the following four items:
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A completed simple information form;
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A copy of the photo page of their passport;
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A current resume;
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Copies of academic degree certificates or academic transcripts.
How to Participate in the Lottery
Simply send an email to attorney@xielaw.com, or add our WeChat account xielaw88, to retain attorneys from our firm to handle your H-1B lottery registration.
The above overview is prepared by XIE LAW OFFICES,LLC. to provide legal information to the Chinese community. It is primarily for academic discussion purposes and does not constitute legal advice on specific cases. If you already have legal representation, please consult your own attorney, who is familiar with the details of your case. Clients of Xie & Associates Law Firm, as well as readers who have not yet retained legal counsel, may contact Attorney Xie for specific legal questions. If you wish to reprint this document, please do so in full without any deletions, and clearly indicate the source.
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