The H-1B visa program is widely used by U.S. employers to hire foreign professionals in specialized occupations. However, with a limited number of visas available each year, employers must navigate the H-1B cap and lottery process to secure a visa for their foreign employees. In this post, we’ll explain how the H-1B cap works and provide practical tips on how to increase your chances of being selected in the lottery.

Step 1: Understand the H-1B Cap

The H-1B cap refers to the annual limit set by the U.S. government on the number of H-1B visas that can be issued each fiscal year. In recent years, the cap has been set at 65,000 visas, with an additional 20,000 visas for individuals holding advanced degrees from U.S. institutions.

However, demand often exceeds supply, and the H-1B lottery system is used to randomly select applications. The lottery occurs after the registration period ends, and only selected petitions are processed.

Step 2: Register for the Lottery

Starting in 2020, the H-1B lottery process is preceded by an electronic registration period, during which employers must submit basic information about the company and the foreign worker they wish to sponsor. Only those selected in the lottery can move forward with filing the Form I-129.

Step 3: Prepare for a Possible RFE

If your petition is selected, USCIS will review your case. In some instances, they may issue a Request for Evidence (RFE) to clarify details about your application. It’s important to respond quickly and thoroughly to any RFEs to avoid delays or denials.

Step 4: Submit Form I-129

Once selected in the lottery, the employer can file the complete H-1B petition (Form I-129) with supporting documentation, including proof of the job’s specialty nature, the applicant’s qualifications, and any additional documentation requested in the RFE.