A Complete Guide to H1B Visa Lottery Results, 2023!

Are you pinning your hopes on an H1 B visa to fulfill your American dream? Then learning about the HIB visa lottery is the first and foremost thing. Several foreign nationals apply for an H1B visa every year and try their luck with the H1B visa lottery. Since H1B Visa applications are accepted only once a year, it is important that applicants must know all the steps of the procedure and follow them correctly.

In this article, we will look into every aspect of the HIB Visa lottery, right from how to apply for it to when you can expect the results in 2023. So whether you are an aspiring applicant or one awaiting results, sit back and read on because this article covers everything.

What is H1B Visa Lottery?

The H1 B visa lottery is a system used by US Citizenship and Immigration Services (USCIS) to select individuals eligible for an H1B visa from the pool of applicants. The maximum number of visas that can be issued each year is capped. Thus, the Department of State randomly selects applicants from this pool.

Once the lottery has been completed, the USCIS will announce the results on its website. This announcement usually happens on April 1 of each year and is valid only for the given fiscal year. Therefore, in 2023, you can expect to see the lottery results published sometime in the first week of April.

Every year lakhs of applicants from across the globe take their chances at getting picked by the lottery system. But only a few thousand applicants get lucky. So how does the system select entries? What happens to those applications which fail to make it?

Let’s find out more about the H1B Visa lottery.

How Does H1B Visa Lottery Works?

Due to a pre-employment application limit window of six months, the earliest an applicant may apply for H1B Visa Lottery is on the first weekday of April. However, the application window remains open for registrations during the said duration, even if the annual registrations exceed the yearly cap levels. Also, the selection is not based on a first-come, first-served basis.

H1B Visa Lottery Quota FY 2023

The envelopes of the application are marked with red ink, indicating the category of the cap case.

• Regular Cap case: It is often referred to as H1B1 Cap. The H-1B has an annual capping of 65,000 new Visas each fiscal year. US Citizenship and Immigration Services (USCIS) announced on August 23 that it had received more than sufficient petitions to fulfill the 65,000 H-1B visa cap. It added that petitions are also enough to fill the 20,000 H-1B visa advanced degree cap for fiscal year (FY) 2023, which begins October 1
• C/S Cap Case: Applications coming from the applicants of Treaty nations are marked as C/S cases.
• U.S. Master’s Cap: 20,000 visas reserved for applicants who obtain a Master’s degree (or higher) from an American University in the US. This is known as the “Master’s cap.” 

Once the window closes, USCIS carries out the H-1B visa lottery to select which registrations will be invited to the next stage. A primary slot of applications gets selected in the regular lottery itself. However, those applying on the premises of a US master’s degree are often considered twice. The applications marked as U.S Master’s Degree are first considered for the regular lottery with 65,000 visa slots. Those who fail to make it in the regular lottery are given a second chance to grab a spot in an extra 20,000 slot through a second lottery.

Successful registrations are then notified, and are invited to submit their H-1B visa petition. Applicants are expected to file petitions within the prescribed deadline, which is usually 90 days from notification.

For registrants who missed out on being selected in the first round, USCIS advises them to re-apply for the second round. Since the H-1B visa program is extremely competitive, and there are more applicants than visas available each year by being persistent, and it is possible to be selected in subsequent rounds of the lottery.

So if you are aiming for an H1B visa in 2023, the first step is to get familiar with the H1B lottery process and prepare for your application.

H1B Visa Lottery Application Process

The application process for an H1B visa consists of three stages – registration, lottery selection, and filing of the petition. Registration involves submitting your information, such as personal details, work experience, employer identification number, educational background, etc., through an online portal.

You must also submit documents like passport numbers and relevant degree certificates at this stage. This is a mandatory step, and applicants who fail to register with USCIS are not eligible for the Visa.

The lottery selection process is conducted electronically by the Department of State. It randomly selects a certain number of applications from the pool of registered applicants based on the prevailing annual quotas. Successful registrations are then notified by USCIS and invited to submit their petition.

This stage requires the applicant to provide additional documents and information, like a job offer letter, salary details, and other supporting documents. If approved, the petition is forwarded to US Citizenship & Immigration Services (USCIS) for further processing.

The last phase involves verifying all necessary paperwork and following due procedure before granting the Visa. After being granted, the H1B visa is valid for three years and can be renewed for six years. It might be extended beyond that period in certain cases, such as those involving green card applications.

Registration Process for the H1B Visa Lottery

The USCIS holds the H 1B lottery randomly post the closing date. The timelines for the H1B visa lottery start with filing H1B registration and end with the applicant’s working for the H1B sponsoring employer. Following are the steps and the specified dates for the H1B Visa FY 2023.

Step-1: Online USCIS Account

• Employers must submit one registration per beneficiary they support through the online H-1B registration site.
• You must open an online account on USCIS before February 21, 2023.

Step 2: Registration & Fee Payment

• The registration system opens on March 1, 2023, at noon EST.
• Your employer must submit the registrant’s details, and $10 as a processing fee must be submitted through the registration portal.
• The employer and not the beneficiary should pay the $10 filing cost.

Step-3: Registration Closed

• On March 18, the H 1B registration submission shut down.
• Post that, registrations will not be accepted.

Step-4: Lottery Result Announcement

The lottery results will be declared on March 31. Petitions for chosen applicants are to be filed from April 1, 2023.

Step-5: Petition Window

The petition window stays open for 90 days from the date the H1B visa lottery results are declared.

Step-6: Submit Organization Information

Under the lottery process, which has stayed unaltered since last year, employers or their approved agents (immigration lawyers), should give specific, primary data about their organization and the mentioned H 1B cap worker.

H-1B Lottery Results Date (Quick Recap)

Following is the list of important dates you must keep an eye out for.

February 22: Petitioners and registrants can begin creating H-1B registrant accounts at noon Eastern.

March 1: H-1B registration period opens for the 2023 HI-B lottery at noon Eastern.

March 18: H-1B registration period closes at noon Eastern.

March 31: H1B lottery 2023 results. By this date, USCIS intends to notify selected registrants.

April 1: The earliest date that FY 2023 H-1B cap-subject petitions must be filed.

H1B Processing Time: Regular, Premium, Expedited

Given the high demand for the H1B Visa, USCIS has designed three different processing paths, depending on the application’s urgency and the service center’s location.

Regular Processing Time

• H1B visa regular processing time ranges from 1 month to 6 months.
• Depending upon the location of the service center, one may expect the processing time to differ from place to place.
• For example, The average H1 B visa processing time that Nebraska and California Service Centers take is 2.5 to 4.5 months. Vermont Service Center takes about 12 to 15 months to process an H1B visa.

Premium Processing Time

• Employers who wish to catalyze their case can do so by paying an additional processing cost of $1,225, along with Form I-907, attached with the petition.
• Premium processing guarantees an HI B Visa within 15 days of petition submission.
• In case of any lapses, USCIS is bound to refund the additional fees.

Expedited Processing Time

The cases that fall under the following categories are treated with priority and utmost urgency. The responsibility of submitting relevant documents that stand true to the claim for urgency lies on the employer.

• If the US employer is bearing severe financial losses due to the delay of H1B visa processing for the applicant’s petition.
• In case of an emergency.
• In light of humanitarian reasons and causes.
• If the petition belongs to a US Nonprofit Organization and impacts US cultural and social interests.
• The petition is from the US government and holds national interest.
• If the petition is of intrinsic interest to USCIS.

H1B Visa Lottery Application Fees

The H1B visa lottery application fees are relatively low. A $10 registration fee is required for each beneficiary in the case of an employer-sponsored visa application. This fee must be paid before submitting the registration form and cannot be refunded, even if the application is rejected or not selected in the lottery. However, the total H1B fee can range from $1,720 USD to $8,970 USD. Following are the various types of fees involved in the procedure for an H1 B Visa.

• H1B Registration Fee: $10 to be paid by the employer 
• Base filing Fee: $460 to be paid by the employer
• AICWA Fee: $750 or $1,500 to be paid by the employer.
• Employer Fraud Prevention & Detection Fee: $500 to be paid by the employer.
• Employer Fee: If applicable, it will be based on Public Law 114-113. $4,000 to be paid by the employer
• Premium processing fee (Optional): $2,500 to be paid by the employer or applicant.
• Immigration Attorney Fee: It may vary from $500 to $3000. To be paid by the employer

H-1B Electronic Registration Process

In 2020, USCIS initiated an electronic registration process for the H-1B Visa cap. As a result, aspiring petitioners willing to file H-1B cap-subject petitions, including for beneficiaries eligible for the advanced degree cap, had to register electronically and pay the filing fees of $10 for each beneficiary.

Since its inception, the electronic registration process has been widely acclaimed by applicants, as it has streamlined processing and reduced paperwork. Also, ERP ( Electronic Registration Process) has proven to be economically viable for employers seeking to file H-1B cap-subject petitions.

Under this process, prospective petitioners, and their authorized representatives (employer or immigration attorney), who are seeking to employ H-1B workers subject to the cap complete a registration process that requires basic information about the aspiring petitioner and each requested worker. Then, in order to submit an electronic application, applicants must create an online account with USCIS.

During the initial registration period, which remains open for a minimum of 14, every fiscal year, the selection process runs on electronically submitted registrations. After that, only those with selected registrations move on to file H-1B cap-subject petitions.

Helpful Read: Buying House on H1B Visa

H-1B Cap Registration Process Update

• USCIS is flooded with thousands of applications each year. Thus while selecting the application, it considers specific parameters like historical data related to approvals, revocations, denials, and other applicable factors to calculate the number of petitions required to meet the H-1B cap for the given year. 
• In order to get the accurate number, it also considers the number of registrations that need to be shortlisted to achieve the projected number of petitions required to meet the limit. This calculation also incorporates those applicants who still need to file the petition despite being selected.
• Often when the filing is low from the initial selection, USCIS conducts a second round of selection to reach the projected capped visa limit. For example, in the year 2022, USCIS received 308,613 H-1B registrations and initially selected 87,500. However, due to low filing volume, a second round lottery was conducted in July 2022 for an additional 27,717 registrations. A third selection followed it in November 2022 with an additional 16,753 registrations. This summed up in a total of 131,970 selected registrations for the fiscal year 2022.

For 2023, USCIS received 483,927 H-1B registrations and has shortlisted 127,600 registrations. Those selected can expect a selection notice in their USCIS online account. The statement usually includes the details about the filling on the petition.

Background H1B Lottery FY 2023 Season

Congress initiated the H1B Visa category to ensure the employment of high-skilled professionals in the US. As a result, US employers were given the opportunity to gather the most skilled people from across the globe with the help of an H1b Visa.

The procedure for H1B Visa can be initiated only by the US-based employer on behalf of any prospective applicant. The applicant must possess relevant skills and a bachelor’s degree to work in the US.

Over the years, the demand for H1B visas sky-rocketed, compelling USCIS to conduct a random selection process known as the H1B lottery. The number of applicants selected depends on the annual capping.

Understanding USCIS Fiscal Year(FY) 2023: 

The fiscal year is quite different from the calendar year. Unlike the calendar year, the Fiscal year does not start in January and Ends in December. Instead, the USCIS Fiscal Year 2023 began on October 1, 2022, and will end on September 30, 2023.

H1B Fiscal Year(FY) 2023 season:

At the beginning of FY 2023, USCIS will start accepting H1B petitions for the next fiscal year, 2024. The application window opens 6 months before the start of the fiscal year. This is the process for FY 2023 starting in March, and petitions are accepted from April 1, 2022, for FY 2023 season.

H1B Visa Lottery 2023(First Round)

Courtesy:RedBus2US.com

For the Fiscal Year 2023, USCIS accepted 483,927 H1B registrations from March 1, 2022, to March 18, 2022. The H1B lottery results were announced on March 25, 2022. 127,600 applicants were selected during the first round of lottery 2023, exceeding last year’s selection by 40,100. 

• H1B FY 2023 Number of selected registrations (First Round) = 127,600
• H1B FY 2022 Number of selected registrations in (First Round) = 87,500

H1B Visa Second Lottery 2023

USCIS will hold a second or third-round H1B lottery for FY 2023. US Citizenship and Immigration Services (USCIS) will not proceed with a second H-1B cap lottery. Though USCIS has made no formal announcement in this regard, one cannot help but notice that USCIS has marked all unselected H-1B cap registrations as “Not Selected.” 

This implies that USCIS received a sufficient number of H-1B cap petitions for the year 2023 to fill the H-1B quota for Fiscal Year (FY) 2023 in the first lottery selection conducted in March 2022. Also, it is important to note that after being marked as “Not Selected,” that particular registration will not be eligible to file an H-1B petition in the given Fiscal Year. 

The next opportunity to sponsor an application to USCIS for the H-1B cap lottery will reopen in March 2023 for the FY2024 H-1B cap.

Read More: H1B Mortgage Guide

How to Check H1B Lottery Results, 2023?

1. In order to check your H1B lottery results for 2022, log in to the USCIS site and go to the “My Case Status” page.

• Type your case number. Then click on “Check Status.”
• If your case number has been selected, it will show, “The petition has been selected in the lottery.”
• Check Your I-797 Form.
• Use an H1B Tracker.
• See if USCIS has Processed Your Fee Check.
• Look for Your Receipt Number.
• You can also call USCIS Customer Service Center at 1-800-375-5283.

What are the Odds of Being Selected for the H1 B Lottery?

Out of every 5.6 H-1B cap registration received by the USCIS during the H-1B cap registration period from March 1 to March 18, 2022, less than 1 registrant were selected in the H1B lottery 2023.

H-1B Visa Lottery: Procedure Post Selection

if your luck shines upon you and you get selected in the lottery. USCIS will notify you and ask you to file an H1B Cap Petition. Following is what you will require to file the petition.

• Labour Condition certificate from your employer.
• Application ETA-9035 (LCA) to the United States Department of Labour for certification.
• Employer’s agreement to pay you a similar to those of other employees in that position.
• Employer’s agreement to provide you with working conditions that will not negatively impact colleagues.
• That there was no ongoing strike or shutdown taking place when the Labour Condition Application was being filed.
• Once the certification has been given, your employer has to submit a Non-immigrant Worker Petition form I-129, supporting documentation, and certified LCA to the relevant USCIS service center.
• Upon approval of the Non-immigrant Worker Petition, you may apply for the visa through the Online Non-immigrant Visa Application system form DS-160.
• You will have to attend an interview at your local US Embassy or Consulate to get your Visa.

What Happens if You are Selected for H1 B Lottery?

H1B visa lottery is a process of selecting individuals for the H1B Visa program. If you are selected in the lottery, it means that USCIS has accepted your application, and you will be allowed to file an I-129 H-1B petition. Once your petition is approved, you must attend a visa interview at a US Consulate or embassy. H1B Visa holders will have the right to reside and work in the US for up to three years, after which they can extend it for up to six years.

H1B Visa Lottery-Filling Tips.

• The lottery takes place only once every fiscal year, so applicants and their sponsors (employers and immigration lawyers) would like to make a watertight case for you. Therefore, to optimize your chances of selection, it is prudent to keep the following points in mind to ensure you don’t end up sabotaging your chances of selection.
• Ensure that all your forms are in place. Cross-Check the information and supporting documents.
• Registrants or their authorized representatives must pay each beneficiary a $10 non-refundable H-1B registration fee. This fee should be paid before being eligible to submit the registration for a particular beneficiary.
• Wait to submit your H1B petition before the opening date of the submission window in April.
• Submit the petition at the earliest opportunity at the window open.
• You must have the required degree or specialist experience to meet the eligibility criteria for the job.
• See to it that the job qualifies for an H1B visa.
• Only send one registration for one position or one employer. If an employer makes multiple registrations or duplicate entries of H1B petitions for the same beneficiary, their application will get rejected.
• Only submit registrations for a job starting 6 months after the Visa start date.
• The selection procedure for H1B visas will happen based on the prevailing wage, so employers must ensure they offer the highest permissible wage in that area.

By ensuring these points, you can avoid unwarranted delays and rejections.

H1B Visa Requirements

H1 B Visa requirements are quite stringent and must be met by anyone wishing to work in the US on an H1B visa. In order to qualify for an H1B visa,

• Applicants must have a valid job offer from a US employer that is willing to sponsor them.
• At least a bachelor’s degree or equivalent experience and proof of their ability to perform the offered job.
• In addition, applicants must demonstrate that they have the necessary skills, knowledge, and experience to successfully perform the job duties specified by their employer for the visa application to be considered.
• Applicants must also provide evidence of their English language proficiency and may need to undergo a criminal background check depending on the job requirements.
• Furthermore, having the required documents and certifications necessary to work in a particular profession may also be required for an H1B visa application. For example, if a person is applying for a visa to work as a doctor, then he or she must have a valid medical license from their current country of residence as well as certification from the US Department of Education and/or specialized professional licensing board.
• Lastly, all H1B visa applicants must pay an application fee to cover administrative costs associated with processing and reviewing their visa application. The fee is determined by the US Citizenship and Immigration Services (USCIS), which is responsible for adjudicating visa applications. It is crucial to note that the fee must be paid before any application will be considered.

Conclusion

In conclusion, it is important to ensure that you take all the necessary steps to ensure a successful H1B visa application. To avoid unnecessary delays or rejections, employers and applicants should know the various requirements, fees, and regulations associated with applying for an H1B visa. It is also important for employers to ensure that they are offering the highest prevailing wage in a particular area so as to increase their chances of success in the H1B visa selection process. By following these tips, employers and applicants can ensure a smooth and successful H1B application process.

Frequently Asked Questions