H-1B 90-Day Filing Window – Next Steps for Lottery Winners

How Will I Know If I Was Selected?

You will know if you were selected in the H-1B lottery because it will have a status attached to your case. The following include:

• Submitted: This means your petition has been submitted and USCIS is still considering your registration.
• Selected: Congrats! Your registration was selected in the lottery and your sponsor can file an I-129 petition after April 1, 2023. USCIS may allocate different filing deadlines to registrants chosen to ensure the smooth processing of all cap-subject cases. USCIS will indicate the filing deadline on the notice.
• Not Selected: USCIS did not select your registration but all registrations USCIS hasn’t denied will either be “Selected” or remain “Submitted” until the end of the fiscal year. If USCIS hasn’t chosen your registration, you will not see “Not Selected” on your registration until October 1, 2023.
• Denied: You will only see this status if a sponsor submitted more than one registration for the same beneficiary. In this case, USCIS will deny all registrations submitted by this sponsor for this beneficiary.

In the coming weeks, some will change to “selected,” “denied,” or stay “submitted.” If USCIS needs to increase the registrations for either cap during the fiscal year, it will select more registrations from the “submitted” pool. After October 1, 2023, the remaining “submitted” registrations will change to “not selected.” Remember, if your petition is selected, the earliest that you can file your petition is April 1st, 2023.

Past H-1B Selection Rates

Over the past 10 years, the average H-1B denial rate has been 17.9%. Last year, a total of 483,927 registrations were submitted and out of that number 356,327 (74%) were not selected and 127,600 (26%) were selected. The year before that (FY 2022), a total of 308,613 registrations were submitted and 193,396 out of that were not selected while 115,217 were selected.

Can you guess which were the top employers with approvals? 

Last year, Tata Consultancy Services had the highest number of total continuing approvals last year, followed by Google, Microsoft, Amazon, Meta, Infoys, Apple, Deloitte, Cognizant, and Intel, according to the USCIS Employer Data Hub.

How to Correctly File the H-1B Cap-Subject Petition

Step 1. You’ll need to file Form I-129, Petition for Nonimmigrant Worker, (including the H Classification Supplement starting on page 13  and the H-1B Data Collection and Filing Fee Exemption starting on page 19).

Step 2. The start date indicated must be October 1, 2023 or later (6 months or less from the receipt date of the petition). If these dates aren’t correct, your petition will most likely be rejected or denied.

Step 3. Include a copy of the H-1B Registration Selection Notice. Be sure also to include the Beneficiary Confirmation Number on the H Classification Supplement.

Step 4. Double-check that all the information that was on the electronic registration process matches with the complete petition you prepared. If some information does not match, it is important to include an explanation along with supporting evidence explaining the change. If you fail to do so, you risk having your petition rejected or denied.

Step 5. Be sure to sign all forms in the proper location.

Step 6. Pay the required fees. There are certain additional fees for some H nonimmigrants. For example, certain H-1B or H-1B1 petitioners with more than 25 employees have to pay the ACWIA fee of $1,500.

7. At the time of filing, be sure to include all the required documents and evidence. Also, be sure that the LCA corresponds o the position in your petition.

8. Mail your H-1B petition at the correct service center, as indicated on your Registration Selection Notice. Failure to mail it to the correct location can result in the petition getting rejected or denied.

Note about Premium Processing: This service is currently available for all H-1B petitions. The cost is an additional $2,500 and guarantees an adjudication time of 15 calendar days.

How to Organize Your H-1B Package

Below is the order in which USCIS prefers to have the documents sorted. It is highly advised to have an immigration attorney compile your H-1B petition to avoid any unnecessary errors.

1. Form G-28 (if represented by an attorney or accredited representative)
2. Copy of the Registration Selection Notice for the Beneficiary Named in the Petition
3. Form I-129, Petition for a Nonimmigrant Worker
4. Addendums/Attachments
5. H Classification Supplement to Form I-129
6. H-1B and H-1B1 Data Collection and Filing Fee Exemption Supplement
7. All supporting documentation to establish eligibility. Provide a table of contents for supporting documentation and separate the items as listed in the table.
8. Arrival-Departure Record (Form I-94) if the beneficiary is in the United States
9. SEVIS Form I-20 if the beneficiary is a current or former F-1 student or F-2 dependent
10. Form I-566 if the beneficiary is a current A or G nonimmigrant
11. Department of Labor certified LCA, Form ETA 9035
12. Employer/attorney/representative letter(s)
13. Other supporting documentation