When will we know if there is going to be a second H‑1B lottery?
Key Takeaways
- If USCIS (U.S. Citizenship and Immigration Services) follows past practice, whether a second H‑1B lottery will be needed is likely to be announced by late July or early August.
- A second lottery is only used if the initial selections and subsequent petition filings leave the annual caps unmet (65,000 regular cap + 20,000 U.S. advanced‑degree exemption).
- It has been reported that Sheela Murthy and other senior attorneys are providing guidance to clarify the law and next steps for applicants and employers.
- Applicants should stay in touch with employers and counsel, prepare supporting documents, and consider cap‑exempt or alternative visa options while waiting.
Background
The H‑1B program is subject to a statutory numerical cap: 65,000 visas in the regular category plus 20,000 for beneficiaries with a U.S. master's degree or higher (the "master’s cap"). USCIS runs random selections from electronic registrations when registrations exceed the cap. A "second lottery" is a subsequent random selection sometimes conducted if, after the initial selection round and the filing and adjudication of those petitions, USCIS still needs additional petitions to reach the cap.
It has been reported that Murthy Law Firm attorneys, including Sheela Murthy, are advising employers and would‑be beneficiaries on expectations and preparations. That guidance emphasizes the mechanics of selection and filing deadlines while clarifying legal terms and petitioner responsibilities.
Timeline and what to expect
If USCIS is consistent with recent years, any decision about an additional selection round would likely come by the end of July or beginning of August. USCIS typically notifies selected registrants’ employers through the online account system and sets a filing window (often a limited period such as 90 days) during which the employer must submit the H‑1B petition with supporting evidence. A second lottery — if held — would follow similar notice and filing procedures, but applicants should not assume it will happen.
What this means for applicants
For people waiting on results, the uncertainty affects employment planning, start dates, and immigration status choices. If you were not selected in the initial round, continue to work with your employer or immigration attorney to ensure documentation is ready in case of a second selection. Also review alternatives: cap‑exempt employers (universities, certain nonprofits, and research organizations), nonimmigrant options (O‑1, L‑1, TN where applicable), or extensions of current status. Employers should track deadlines closely and be prepared to file promptly if additional selections occur.
Source: Original Article