Each year at this time we kick off H-1B Cap Season by working with U.S. employers to prepare for registration in the upcoming H-1B Cap Lottery. U.S. employers interested in sponsoring foreign nationals for specialty (professional) occupations have this opportunity only once per year for a limited time period.

Who: US Employers

The H-1B program allows U.S. companies to employ foreign nationals in “specialty occupation positions.” These positions require the theoretical or practical application of a body of highly specialized knowledge and a bachelor’s degree or higher (or foreign equivalent) in a specific or closely related field as a minimum for entry into the occupation. This tremendously popular visa program applies to almost any U.S. employer hiring professional-level workers, including in computer science/software/tech, engineering, finance, economics and science. Often, U.S. employers sponsor H-1B visas for foreign students already employed with Employment Authorization Documents (EADs) in F-1 OPT/STEM OPT status or for professionals residing or working abroad who are needed in the U.S.

What: Annual H-1B Cap Registration and Lottery

Beginning on Oct. 1, the start of the federal fiscal year, 65,000 new H-1B visas become available with an additional 20,000 visas for H-1B beneficiaries who possess advanced degrees from U.S. academic institutions. Because there are more applicants than available visas each year, USCIS conducts a lottery to determine which employers may sponsor specifically identified foreign nationals for H-1B status. The H-1B Cap Lottery requires employers to register within a limited time period, typically in March, followed by a random selection process (lottery). Employers whose registrations are selected in the lottery then have a 90-day window in which to file the selected H-1B petitions. Regardless of when the H-1B petition is filed and/or approved, the employment start date is not earlier than Oct. 1 of that calendar year.

When: Now Is the Time to Prepare

USCIS traditionally announces the H-1B registration dates in February and conducts the H-1B lottery during a 10-day period in March. In order to be eligible to apply for and obtain an H-1B visa, it is necessary to register during that 10-day period. Once the window closes, it is no longer possible to seek an H-1B visa subject to the cap until the following fiscal year. Accordingly, we recommend that U.S. employers who wish to sponsor any foreign nationals for an H-1B visa in 2023 engage counsel now.

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