If you are new to the H1B visa process, one of the many questions you may have is what to do after the H1B lottery. USCIS has implemented the H1B registration process as of the 2021 season and this process is still online.
In this article, we will cover the typical flow and steps after H1B Registration Lottery selection all the way through visa approval and put it in a flow chart so that it is easy to comprehend.
Following the H1B Registration Lottery, what happens next?
During the designated H1B registration period, employers or attorneys utilise the H1B Registration Online Tool to submit registrations for prospective applicants seeking H1B visas. USCIS administers the lottery for the registrations after the H1B registration period has concluded. The following is a summary of the subsequent steps following the completion of the H1B Visa Lottery by USCIS for the registrations that have been submitted:
- The USCIS will notify employers of the results of the registration selection process.
- Employers should then file H1B petitions with USCIS using the H1B Registration Selection Notice.
- USCIS then processes and adjudicates the H1B petitions.
- USCIS runs the H1B lottery as required and updates the final results.
The following sections will examine each of these steps in detail.
Step 1: USCIS announces the results of the H1B registration lottery
USCIS will send an email notification indicating changes in the online system and the employer/attorney will need to log in to see the updates on their submitted H1B registrations. If a registration is selected in the H1B lottery, its status will be changed to “Selected,” and the employer can obtain the H1B Registration Selection Notice for the selected applicant.
In the event that an H1B applicant is not selected in the initial lottery draw, their registration is placed on the waitlist, which remains active until the close of the fiscal year. For the 2024 fiscal year, two rounds of draws were conducted. In 2023, there was a single round of draws, while in 2022, the H1B draw was conducted in three rounds.
Step 2: Filing of H1B Petition with USCIS
Subsequent to the completion of the registration process, employers or attorneys representing the companies will file the H1B petitions with USCIS for those selected in the H1B Registration Lottery. Employers are granted a period of 90 days, commencing on April 1st and concluding on June 30th, within which to submit the H1B Petition for the selected applicant.
As part of the H1B petition filing process, employers must also file an H1B LCA with the DOL and obtain approval. During the processing time of the H1B LCA, the employer is required to prepare the entire H1B package with all details related to the employee. In this regard, the employer will request the relevant documents related to the employee’s education, experience, passport, travel document, and so forth.
Once the H1B petition is ready, the employer or attorney will file the same with the USCIS. It should be noted that, with effect from the 2025 season, the USCIS has introduced the option to submit H1B petitions online. Employers retain the discretion to either submit their H1B petition online or submit a physical package to USCIS offices, accompanied by all the relevant documentation.
Step 3: USCIS Issues H1B Receipts
In the event that an employer or attorney is submitting the H1B Petition online, the receipt notice for the submission will be issued immediately. However, should the physical package be sent to USCIS accompanied by all the necessary documentation, USCIS will process it and issue the H1B receipt notice.
It should be noted that USCIS has previously discontinued the premium processing filing option for all filers during the initial filing period. However, no such indication has been made regarding the suspension of premium processing for the current FY 2025 season. Consequently, premium processing will continue as usual.
As of April 2024, the premium processing option remains available for the FY 2025 Season, and employers are permitted to file H1B petitions under this accelerated procedure. Should an H1B petition be filed in premium processing, the H1B receipt notification will be transmitted to the applicant via email.
Step 4: Processing of H1B Petition by USCIS – H1B Case Statuses
Subsequent to the dispatch or generation of H1B receipt notices online for the H1B petition, USCIS commences the processing/adjudication of the petitions filed. The H1B receipt notice generated by USCIS can commence with IOE, EAC, WAC, etc., depending on the filing location and the filing method.
The following timeline delineates the sequence of events that typically ensue following the dissemination of H1B registration lottery results. It should be noted that certain activities may be executed concurrently. It is important to note that no Service Level Agreement (SLA) exists for H1B petition processing, which may result in certain processes extending beyond October 1st.
| Timeline (Dates/Months) | Processing Step of H1B Visa |
| April 1st to June 30th (for initial H1B Lottery round) | – USCIS processes the submitted petitions and either approves or issues a Request for Evidence(RFE) – Employer responds if any RFE is issued and submits to USCIS to resume processing. |
| June 30th to October 1st or later | – USCIS processes the submitted petitions and either approve or issues RFEs – Employer responds, if any RFEs, and submit to USCIS to resume processing. – Also, if there are not enough petitions filed, USCIS may run a second-round lottery. |
| July 1st to October 1st or later | – H1B Applicants with approved petitions go for stamping as needed to be ready to work in the US. The H1B Visa Stamping is only required for H1B applicants, who are outside of the US. |
| October 1st to Dec 30th | – USCIS may run a third-round lottery if enough petitions are not received. |
| Jan 1st ( next year) to Feb 28th | – USCIS will set the status of all registrations as “Not Selected”. This means that there will not be any more rounds of lottery and officially their registration was not picked in the lottery |
H1B High-Level Process Flow with Lottery, Processing by USCIS As you can see in the above H1B case status flow chart with USCIS, the best case scenario after being selected in the registration lottery, then filing the petition and then going to approval without any questions or additional information required. From USCIS Case Status standpoint, it would be as below based on Premium Processing or Regular Processing category of filing.
Scenario 1: H1B Process Flow for Simple Approval Scenario, without Request for Evidence (RFE)
H1B Premium Processing: First, you will see the status “Case Was Received and A Receipt Notice Was Emailed” Second, you will see the status “Case Was Approved and My Decision Was Emailed”
Scenario 2: Request for Additional Evidence (RFE)
In the second scenario, the H1B process following the lottery and subsequent Request for Additional Evidence (RFE), it is important to note that not all cases proceed to direct approval as illustrated above. The USCIS may request the submission of various documents by employers, depending on the complexity of the case. The following list enumerates the most common reasons for an RFE:
- Specialty Occupation
- Needs of the Petitioner for the Services of the Beneficiary
- Beneficiary Qualifications
- Employer-Employee Relationship
- Maintenance of Status
- Validation Instrument for Business Enterprises (VIBE)
With regard to RFE processing, the duration can range from a few weeks to several months, contingent on the response time of the employer and USCIS processing times. In order to ensure a timely decision and status, it is advisable to liaise with the employer and submit the requisite documentation in a timely manner.
Scenario 3: Rejection of H1B Petition
In the third scenario, the H1B petition is denied and the decision notice is mailed. It should be noted that not all H1B petitions are approved; some are denied for various reasons. In such instances, instead of receiving approval, the applicant may receive a denial letter, and the final status will remain as “Decision Notice Mailed”. Furthermore, it is possible that some individuals may observe the message ‘Name was updated’ during the course of the process. This update is initiated by the system whenever there is a clerical amendment to the case file or an internal activity is observed in relation to the case. There is no cause for concern. This status is considered an internal one.The fifth step in the process under discussion here is the H1B Registration Lottery Final Results – Not Selected Status. In the past, USCIS would mail out H1B reject notices after all the receipt notices were mailed in late July or August of the same year. However, since the H1B registration process was initiated, this procedure has become obsolete. Registrations not selected in the initial lottery round are placed on a waitlist, and USCIS may conduct additional lottery rounds as required at a later date.