FY 2025 H1B Second Lottery Finished, Will There be a Third Round?

On July 30, USCIS announced a second round of H-1B lottery selections for this year. Last Thursday, USCIS began updating the second-round lottery results, and on Aug 5th, they officially announced that the second round of H-1B lottery selections has been completed, and all second-round lottery results have been updated in the system!

⚠️ In this second round, USCIS selected 13,607 beneficiaries and 14,534 valid registrations. The discrepancy is due to some beneficiaries having multiple employers register for their H-1B, resulting in a higher number of selected registrations than the number of beneficiaries.

Thus, the total number of H-1B lottery winners for FY2025 has increased to 135,137. This put FY2025 H1B lottery selection rate to 28.73%, similar to what CPTDog predicted (around 30%). USCIS estimates that this total should meet the annual cap after the second round of selections.

FY2025 H1B Selection Rate 28.73%

Previously, USCIS explained that the cap for advanced degree (master’s and above) slots was reached in the first round of the lottery. Therefore, the second round included both bachelor’s and advanced degree holders, with no higher chance of selection for those with advanced degrees.

With the official notice of the second round, checking the H-1B online registration system will show a "Selected" status for those who won. If there is no "Selected" status by the end of the year, it likely means no selection in this year’s H-1B lottery unless a third round is conducted.

Will There be a Third Round?

It’s uncertain but we believe the chance for that to happen is very slim considering they implemented the "one person, one entry" rule this year and the selection rate is already reaching nearly 30% after the second round. 

If there is a third round, it would likely occur in mid to late December. Those hoping for a third round should plan their time accordingly. Do not put all your hope on a third round. Even there is a third round, you'll still need to keep your status active to stay legal in the country. 

What to Do if Selected during the H1B 2nd Round Lottery?

Application Deadline and Premium Processing 

All second-round winners can submit their H-1B applications between August 8 and November 7. The typical H1B start date is October 1. To avoid missing this date, consider opting for Premium Processing (PP), which costs $2,805 and guarantees a decision within 15 days. If you receive an RFE, the 15-day period restarts upon submission of your response.

Some large companies automatically use Premium Processing, while in other cases, the beneficiary bears the cost. Whether this $2,805 is worth it is for you to decide.

Legal Status Maintenance Before H1B Activation 

⚠️ If your H-1B is not approved and activated by October 1, and you don’t have another legal status (like OPT or CPT), you must stop working. However, you can stay in the U.S. while awaiting your H-1B decision and resume work immediately upon approval.

Some people consider returning to their home country during this time. If so, you must apply for an H-1B visa at the U.S. Embassy in China upon approval, and your H-1B will be activated upon re-entry. Be wary of potential delays during the visa application process, so plan accordingly.

Based on this year's first-round H-1B applications, USCIS has been relatively lenient, with straightforward applications typically getting approved. Up to now, all H-1B applications handled by our team have been approved.

Common Mistakes Lead to H1B Application Rejection

There are many common mistakes, but this year, due to the fee change happened in early April, we've seen many instances on social media where applications were rejected due to carelessness or lack of understanding of policies, such as incorrect fee payments.

⚠️ Starting April 1, USCIS implemented new fee standards impacting H-1B applications:

For profit employers with more than 25 employees, the I-129 fee increased from $460 to $780. There’s also a new fee: $300 for small employers with 25 or fewer employees, and $600 for those with more than 25 employees.

Misunderstanding or miscalculating these new fees can result in costly rejections for H-1B applications. Remind your employe for the fee change if you work for a small company and the company don't have a designated internal lawyer dealing with H1B cases. Keep communication with HR open through out the process though most of the tasks should be done by HR and your company's lawyer. Provide additional documents on time as requested and if your company don't pay for PP, consider pitching in yourself just so you can get your H1B activated on time. 

What to Do if Your H1B is Still Not Selected

O1 Visa: Extraordinary Abilities

The O1 visa is for individuals with exceptional skills in fields like science, arts, education, business, or athletics, or those recognized for film or TV achievements.

Pros: No cap, broad scope, easier employer criteria, indefinite renewals, immediate work start. Cons: High difficulty, advance preparation needed, specific field requirement, employer sponsorship required.

L1 Visa: Intracompany Transfers

The L1 visa allows employees of multinational companies to transfer to U.S. offices. It's divided into L-1A for executives and L-1B for specialists, valid for up to 7 and 5 years respectively.

Pros: Includes L2 visa for families, permits dual intent, high approval rate with proper documentation, premium processing available.

Cons: Time-limited, annual renewal needed, tied to current employer, potential salary reduction.

EB-2 NIW: Advanced Degree or Exceptional Ability

The EB-2 NIW visa is for those with advanced degrees or exceptional skills whose work benefits U.S. national interest, bypassing the usual employment verification.

Pros: Faster than labor certification, leads to a green card.

Cons: High standards often needing a PhD, lengthy processing times.

Day 1 CPT: Education with Work Authorization

Day 1 CPT programs, typically at the master’s level, allow students to work legally in the U.S. on an F1 visa from the program's start.

Pros: Simple application, fast-track potential, OPT opportunities post-program.

Cons: Requires careful university selection, tuition costs, minimum 3.0 GPA for CPT eligibility.