Approved Changes to the Selection Process under the New H-1B Lottery System

The new system increases the chances of selecting foreign workers with a Master’s Degree or higher from an accredited U.S. higher education institution.

On January 31st, 2019, the Department of Homeland Security published the Final Rule titled “Registration Requirement for Petitioners Seeking to File H-1B Petitions on Behalf of Cap-Subject Aliens.” The Final Rule alters the computer-generated random selection process, commonly known as the “H-1B Lottery,” by reversing the system used to select which H-1B petitions will be reviewed.

What is the H-1B Quota?

As the current system operates, the H-1B quota is capped at 85,000 visas, divided between 65,000 visas for foreign nationals with a bachelor’s degree from a U.S. or foreign university, and 20,000 allocated for foreign nationals who have completed at least a master’s degree from a U.S. university – this is known as the Master’s Cap. Moreover, due to the very limited number of visas available, their allocation will again be decided by a lottery. 

How does the Final Rule Affect the Lottery Selection Process?

Recently, DHS altered the process used once the H-1B quota is met. We predict this to occur in the first week of April. As such, a few weeks after the H-1B quota is met, USCIS will begin a computer-generated random selection process, also known as the “H-1B Lottery.” As a result of these changes, according to the USCIS, the number of selected foreign workers with a master’s or higher degree from a U.S. institution of higher education is expected to increase by 16%.

In a direct reversal of the process from recent years, all submitted H-1B petitions will first be competing for a spot among the 65,000 H-1B visas available. After that, any remaining H-1B Master’s Cap-Subject petitions that were not chosen in the general lottery, will then be processed for the lottery in competition for the remaining 20,000 available H-1B Master’s Cap visas.

This slightly increases the chances that a foreign worker with a US Master’s Degree will be chosen through the H-1B lottery system. The new H-1B lottery process falls in line with the Trump Administration’s America First policy and its commitment to ensuring qualified foreign workers are being hired in the US.