H-1B Predictions: Will there be a lottery again?

On Tuesday, April 1, 2014, the U.S. Citizenship and Immigration Services (USCIS) will begin accepting H1B cap-subject case filings for fiscal year 2015 (FY15).

April 1st may seem a long time from today, but employers and potential H1B workers would be wise to begin the process of preparing their petitions as early as possible. This advance prep work is beneficial both in identifying potential problems while enough time remains to resolve them, and in revealing other possible benefits that may be pursued. 

Under USCIS regulations, the minimum filing period for H1B cap cases is five business days. If there are still cap numbers available at the end of the first five days, the cap remains open until filled. If there are enough cases to meet or exceed the cap in the first five days, the cap closes. In that event, the USCIS stops accepting new H1B cap filings, and a lottery is conducted from the cases filed during that first week to randomly select the cases that the USCIS will adjudicate. The remaining cases are then returned without being processed. 

Since April 1st occurs on a Tuesday, this means that the registration period will remain open for seven calendar days until Monday, April 7th.

It should be noted that once this cap is closed, the next H1B cap will not open until April 1, 2015, with an H1B start date of October 1, 2015.

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