In September 2022, U.S. Citizenship and Immigration Services (USCIS) announced the completion of the Fiscal Year (FY) 2023 H-1B visa lottery. The annual cap of 85,000 visas—comprising 65,000 regular cap visas and 20,000 for individuals with advanced degrees from U.S. institutions—was reached. Consequently, no additional selection rounds were conducted, and applicants not selected in the initial lottery had their statuses updated to "Not Selected."
Analysis of H-1B Lottery Trends
The H-1B visa program has experienced a significant increase in registrations over recent years. In FY 2023, USCIS received 483,927 registrations, marking a substantial rise from previous years. This surge is largely attributed to the introduction of the electronic registration system in 2020, which streamlined the application process by allowing employers to submit basic information and a $10 fee per applicant before filing full petitions. While this system reduced initial application burdens, it also led to a higher volume of submissions, thereby decreasing the overall selection rate.
Multiple Selection Rounds and Their Implications
In prior fiscal years, USCIS conducted multiple selection rounds to meet the H-1B cap. For instance, in FY 2021 and FY 2022, additional lotteries were held due to selected applicants not submitting complete petitions, leaving available slots unfilled. However, for FY 2023, USCIS selected a sufficient number of registrations in the initial round to meet the cap, eliminating the need for subsequent lotteries.
Concerns Over H-1B Program Misuse
The increasing number of registrations has raised concerns about the potential misuse of the H-1B program. Reports suggest that some entities may be submitting multiple registrations for the same individual through different companies to enhance their chances of selection. This practice, often associated with certain consulting firms, undermines the lottery's fairness and disadvantages other applicants. USCIS has acknowledged these issues and is actively investigating and implementing measures to prevent such abuses.
Future Outlook and Alternatives
Given the increasing competitiveness of the H-1B lottery, applicants are exploring alternative visa options. The O-1 visa, designated for individuals with extraordinary ability, has become a viable alternative, especially as USCIS has recently updated its guidance to clarify eligibility criteria, potentially broadening access.
In conclusion, the FY 2023 H-1B lottery highlighted ongoing challenges within the program, including rising application numbers and concerns over potential misuse. Prospective applicants should stay informed about policy changes and consider alternative visa pathways to achieve their professional objectives in the United States.