United States Announces Second H-1B Lottery for Fiscal Year 2025: What You Need to Know

The United States has announced a second lottery for H-1B visa applications for the fiscal year 2025. This additional lottery aims to fulfill the regular cap numerical allocation after the initial lottery held in March 2024. Prospective petitioners selected in this round will be notified and given the opportunity to file an H-1B cap-subject petition for their designated beneficiaries.

Second Lottery Details

The second lottery for H-1B applications is designed to address the regular cap for the fiscal year 2025. While the first lottery covered the general cap and the advanced degree exemption (master’s cap), this second round will only address the regular cap. Note that no additional selections will be made for the advanced degree exemption, as the initial lottery met the FY 2025 master’s cap allocation.

All previously submitted registrations, including those for the master’s cap, will be considered in this second selection. The US Citizenship and Immigration Services (USCIS) has confirmed that only those with selected registrations for FY 2025 are eligible to file H-1B cap-subject petitions. The initial filing period was from April 1 through June 30, 2024.

USCIS has determined that additional selections are necessary to meet the FY 2025 regular cap and will conduct a second random selection from the pool of previously submitted electronic registrations. Selected petitioners will be notified via their USCIS online accounts, receiving a selection notice with details on the filing process.

Step-by-Step Guide to the H-1B Visa Application Process

Step 1: Secure a Sponsor

To apply for an H-1B visa, you must have a sponsor—typically your current or a new employer. If you are already in the US on a student visa, inquire if your employer can sponsor your H-1B. If not, consult an immigration lawyer to explore your options.

Step 2: Employer Files a Labor Condition Application

Before hiring a foreign worker on an H-1B visa, your employer must complete and submit a Labor Condition Application (LCA) to the US Department of Labor (DOL). The LCA guarantees that the company will follow wage standards and will not adversely affect US worker opportunities.

To get the LCA approved, the employer must provide job details, ensure compliance with wage standards, and meet legal requirements to protect both foreign and US workers.

Step 3: Obtain the Prevailing Wage

The prevailing wage ensures H-1B workers are paid comparably to others in similar positions. This wage is confirmed by the state employment agency and must be met by the employer. The three ways to determine the prevailing wage include:

• National Prevailing Wage Center (NPWC): Recommended for its reliability and “safe harbor status,” reducing the risk of legal challenges.
• Independent Survey: Conducted by a credible source to determine the prevailing wage.
• Other Legitimate Sources: Less advised due to potential legal risks.

Step 4: Submit Form ETA-9035

Once the prevailing wage is determined, the employer submits the LCA using Form ETA-9035 through the Foreign Labor Application Gateway (FLAG). This submission should occur within six months from the start date of employment. Employers lacking internet access may request permission from the Office of Foreign Labor Certification (OFLC) for mailing options.

Step 5: File Form I-129

After the LCA process, the employer files Form I-129, known as the Petition for Nonimmigrant Worker. This form must include an employment letter with details about job duties, employment dates, job description, salary, and requirements. Supporting documents for the foreign employee, including academic qualifications, training certificates, and a resume, must also be included.

Monitor the petition’s status on the USCIS website using the receipt number. USCIS will update the status once processed.

Step 6: Complete the Application

Upon approval of Form I-129, you will receive Form I-797 Notice of Action. Your next steps depend on whether you are in the US or abroad:

If You Are in the US

Your immigration status will change to H-1B, and USCIS will update your I-94 record. Refrain from engaging in employment until the status is officially updated. If you need an H-1B visa stamp, submit Form DS-160 and schedule a visa stamping appointment within 90 days before your work start date. Alternatively, you may choose consular processing by traveling to your home country for visa stamping, which involves additional documentation and potential delays.

If You Are Outside the US

Complete Form DS-160 and schedule an interview at a US embassy or consulate. After I-129 approval, submit a nonimmigrant visa application at the embassy or consulate. Following a successful interview and visa issuance, you can travel to the US. Ensure entry into the US before the visa expiration date and seek permission from US Customs and Border Protection (CBP) at the port of entry.