H-1B Lottery System
Each fiscal year, USCIS accepts a limited number of new H-1B petitions, which include 65,00 regular cap and 20,000 additional slots for U.S. master’s degree holders (advanced degree holders). This restriction is known as the H-1B cap lottery. Every year, there are far more petitioners than the cap allows, typically four times as many; due to high demand, USCIS uses a randomized electronic lottery system to select petitioners.
Starting FY 2025, the H-1B lottery has officially adopted the “One Person, One Entry ” policy: each individual may only enter the lottery once, regardless of how many employers sponsor them. If selected, all eligible employers may file the petition. If not selected, none of the registrations count.
H-1B Visa Application Requirements
Employer Requirements
A company can apply for an H-1B work visa for a foreign employee if it meets the following conditions:
- U.S. company must be legally established and actively operating；
- Demonstrated need for position
- Sufficient financial ability to pay the prevailing wage
In actual practice, though a company’s status and size play a role, they are not the deciding factor. Please contact us to assess your eligibility.
Employee Requirements
- Degree: Bachelor’s degree or equivalent in a field related to the job
- Job Position: Must be a specialty occupation -- requiring theoretical & practical expertise(e.g. engineering, law, medicine, or design, etc.)
- Salary: Must meet the prevailing wage for the position and location
H-1B Application Timeline
The H-1B Electronic Registration opens early March each year. Employer or attorney then submits the applicant’s info via USCIS online system.
Lottery Result: USCIS announces results mid-to-late March
Lottery status includes：
- Submitted: the registration was submitted but was not selected
- Selected: eligible to file full petition
- Denied: due to errors or duplicate entries
Submit H-1B Petition: if selected, employer must file the full H-1B petition between April 1stand June 30th, including certified LCA (Labor Condition Application), supporting documentation, and filing fees.
Visa Activation: H-1B status begins October 1st. Applicants may activate status via “change of status” ( I-797A, if already in the U.S.) or “consular processing”(I-797B, if entering from abroad).
H-4 Dependent Visas
During the H-1B visa valid period, family members of H-1B petitioners (spousesand unmarried children under 21) can apply for H-4 visas to legally enter and stay in the United States.
H-1B Filing Fees
| Fees Before Lottery | H-1B Lottery Registration Fee | $215 |
|---|---|---|
| Fees After Lottery Selection | I-129 Application Fee | $780 |
| ACWIA Education and Training FeeCompany with ≤ 25 employees | $750 | |
| ACWIA Education and Training FeeCompany with > 25 employees | $1,500 | |
| Fraud Prevention and Detection Fee | $500 | |
| Asylum Program FeeCompany with ≤ 25 employees | $300 | |
| Asylum Program FeeCompany with > 25 employees | $700 | |
| Premium Processing Fee (Optional) | $2,805 |
The application fees are based on the official standards published by the U.S. Citizenship and Immigration Services (USCIS). The actual amount may vary due to adjustments in USCIS fees.
