What is the new FY 2020 H-1B visa lottery process? Many employers in the United States rely on foreign national talent to fill highly technical positions. As a result, they offer H-1B visa sponsorship to prospective employees for specialty occupations such as scientist or engineer. Employers submit hundreds of thousands of petitions each year. However, cap limits are in place so they must plan accordingly.
Additionally, the United States Citizenship and Immigration Services (USCIS) has changed the lottery process effective April 1, 2019. These changes may impact the selection of certain petitions. The Department of Homeland Security posted the rule in the Federal Register on January 31, 2019.
Current H-1B Visa Cap Limits:
- 65,000 visas per year
- 20,000 for applicants with advanced degrees from U.S. institutions of higher education
What was the Previous H-1B Visa Lottery Process?
The USCIS previously would conduct a random lottery process if cap-subject H-1B petitions exceed the cap limit. The steps in the previous lottery process would follow this pattern:
- The first lottery would include all petitions from applicants with advanced degrees from U.S. institutions of higher education for the 20,000 cap limit visas
- If eligible petitions exceed the 20,000 cap limit in the first lottery, they become eligible for the second lottery
- The second lottery would include all eligible petitions that were not successful in the first lottery and all other petitions subject to the country-specific reservations (Chile, Singapore)
What is the New FY 2020 H-1B Visa Lottery Process?
The new FY 2020 H-1B visa lottery process reverses the order that USCIS uses to select H-1B petitions under the H-1B regular cap and the advanced degree exemption. Also, it introduces an electronic registration requirement for petitioners, but this requirement will go into effect after the FY 2020 process.
Now, the steps in the lottery process would follow this pattern:
- The first lottery includes all petitions and is subject to the 65,000 cap limit
- Once the first lottery has chosen the 65,000 petitions subject to the cap limit, the remainder are eligible for the 20,000 visas for applicants with advanced degrees from US educational institutions
The Department of Homeland Security believes this change will lead to an increase in the selection of beneficiaries with a master’s or higher degree from a U.S. institution of higher education for further processing under the new FY 2020 H-1B visa lottery process.
What Happens to Petitions not Chosen in the FY 2020 H-1B Visa Lottery?
Due to the high number of petitions, some are likely not to be successful in the lottery. During FY 2019, 190,098 petitions were submitted to that year’s lottery. There is no set cutoff date for petitions to the lottery. Also, the number of petitions that employers will submit is unknown. Employers that do not prepare may miss the cap and not be able to fill their positions.
Employers who miss the cutoff must wait until next year’s lottery. Another option is to consider an alternative visa for the foreign national, subject to qualification. The cap for FY 2019 was reached in only four days, by April 6, 2019. This in turn illustrates the importance of submitting petitions for the H-1B cap-subject visas as soon as the lottery opens.
What Does This Mean for You?
As prior years experiences have shown, unprepared HR teams thinking they had several days to file were not given the opportunity to hire the foreign national employee they hoped to sponsor. With issues such as prevailing wages, Labor Condition Applications (LCAs), and possible site visits, the process should start as soon as possible so HR teams can submit applications at the start of the lottery.
Where Do You Start for FY 2020 H-1B Visa Lottery?
Global Mobility Solutions has a team of global relocation experts who can help you with the new FY 2020 H-1B visa lottery process. Our team’s knowledge and access to visa and immigration resources is unparalleled in the industry. We have helped thousands of companies with the H-1B visa lottery process reach successful results.
Conclusion
Global Mobility Solutions’ team of global relocation experts has helped thousands of our clients prepare for the H-1B visa lottery. Our team can help your company understand the process and prepare for the new FY 2020 H-1B visa lottery process.
GMS was the first relocation company to register as a .com. The company also created the first online interactive tools and calculators, and revolutionized the entire relocation industry. GMS continues to set the industry pace as the pioneer in innovation and technology solutions with its proprietary MyRelocation™ technology platform.
Contact our experts online to discuss your H-1B visa lottery plans, or give us a call at 800.617.1904 or 480.922.0700 today.
Tamara Molino | CRP, GMS
Vice President, Global Services Tammy is responsible for GMS’ regional operations teams in North and Latin America, EMEA, and APAC. Tammy provides over 14 years of leadership experience in the areas of international assignment management, global network management, global consulting and business development. Her experience in global mobility includes new client implementations, policy and compliance development, global compensation and billing, vendor management, case management, and real estate home sale/purchase programs. Tammy travels extensively and studied abroad in Switzerland, Chile, Peru, Dubai and Abu Dhabi.
