ALERT: USCIS announced today that it will run a second lottery to make additional selections.
When will USCIS run the second lottery?
USCIS has not provided details as to when the second lottery will be run. But we expect that the agency will run the second selection in the next 2-3 weeks, or over this weekend if we were to go by the last two years of data. So, expect July to mid-August, 2023 time frame.
How many open H-1B visas will this lottery be for?
USCIS did not disclose the number of slots they are trying to fill during this lottery run. Through extrapolation of the data that the agency has made available, we expect that the selection may be for about 20,000 - 25,000 visas.
Who will be considered for the lottery process re-run?
Only the foreign national employees already successfully registered in March will be considered for the H-1B lottery re-run. Employers cannot register any new employees.
Do I need to do anything to be eligible for the second lottery?
No. Employers and their foreign national employees do not need to take any action to be considered for the second selection process.
How would I know if any more of my employees were selected?
As before, USCIS will send out selection notices (PDF) via email to the company's point of contact, who registered the foreign nationals for the lottery. Additionally, after the lottery re-run, employers will be able to check the status for the registered employees. Those selected will show the "selected" status next to their name.
Why is USCIS running a second lottery?
USCIS found evidence that several dozen small technology companies had colluded to increase the chances of their foreign national employees this year. This apparently resulted, in large part, in USCIS receiving close to 800,000 registrations for 85,000 visa slots.
How many multiple entries per candidate had USCIS originally received?
USCIS disclosed that about 96,000 registrants resulted in close to 408,000 entries. This boils down to about 4-5 entries per applicant. It should be noted though that all these registrants were not committing fraud. That number hasn't been disclosed by USCIS.
Content in this publication is not intended as legal advice, nor should it be relied on as such. For additional information on the issues discussed, consult a WayLit-affiliated attorney or another qualified professional.