The New H-1B
Lottery Process
Understanding the Beneficiary-Centric Registration & Selection System
Due to a history of abuse of the H-1B cap lottery process by some U.S. companies, USCIS launched a new beneficiary-centric registration and selection process. This guide explains how the new system works, what documentation is required, and what petitioners and beneficiaries need to know to navigate the process successfully.
Why the Process Changed
USCIS overhauled the H-1B cap lottery to address systemic abuse and level the playing field for all foreign workers seeking H-1B status.
The Shift to a Beneficiary-Centric System
Due to a history of abuse of the H-1B cap lottery process by some U.S. companies, USCIS launched a new, beneficiary-centric registration and selection process beginning with the FY 2025 cap season. Under the previous system, a single foreign worker could have multiple registrations submitted on their behalf by different employers, giving that individual a disproportionately higher chance of being selected in the lottery.
The new process ensures that each foreign worker has the same chance of being selected, regardless of how many registrations are submitted on that worker's behalf. This fundamental change shifts the lottery from a petition-based system to one centered on the individual beneficiary.
Why This Matters
Under the old system, companies could flood the lottery with duplicate registrations for the same worker, artificially inflating that person's odds of selection. The beneficiary-centric approach ensures every foreign worker gets one — and only one — entry in the lottery, creating a fairer process for all applicants.
How the New Process Works
The beneficiary-centric process involves three key stages: electronic registration, the lottery selection, and post-selection notification. Here's how each stage works.
Step-by-Step: From Registration to Selection
Step 1: Electronic Registration
Each prospective petitioner ("registrant") seeking to file an H-1B cap-subject petition for a foreign worker ("beneficiary") must first electronically register and pay the associated H-1B registration fee for each prospective beneficiary.
Step 2: Submit Valid Passport or Travel Document Information
Each registration must include the beneficiary's valid passport information (or valid travel document information). The passport or travel document must be the same one the beneficiary intends to use to enter the U.S., whether the beneficiary is abroad or in the U.S. at the time of registration.
Step 3: Lottery Selection
Each beneficiary who has a registration submitted on their behalf will be entered into the lottery only once, regardless of how many registrations are submitted on their behalf.
Step 4: Post-Selection Notification
If a beneficiary is selected, each registrant who submitted a registration on that beneficiary's behalf will be notified of the selection and will be eligible to file a petition on that beneficiary's behalf during the applicable petition filing period.
Example: How It Works in Practice
Consider a beneficiary named Miriam who has job offers from three unrelated companies — A, B, and C. All three companies pay the H-1B registration fee and independently submit electronic registrations for Miriam using her valid passport number. Even though three different registrations were submitted on Miriam's behalf by three different prospective employers, she will enter the lottery only once.
If Miriam's passport number is selected, USCIS will separately notify each of the three companies that their registration on behalf of Miriam has been selected and that the company may file an H-1B petition on her behalf. Miriam can then communicate with these potential employers and decide which company — or companies — she wants to submit an H-1B petition for her. As long as each H-1B petition on Miriam's behalf is properly filed and based on a valid registration, USCIS will adjudicate each petition.
Key Takeaway
- One beneficiary = one lottery entry, no matter how many employers register on their behalf.
- If selected, all registrants for that beneficiary are notified and may file petitions.
- The beneficiary chooses which employer(s) will ultimately file a petition.
Passport & Documentation Requirements
Proper documentation is critical to a successful H-1B registration and petition. Here's what you need to know about passport requirements and potential discrepancies.
Passport Evidence in the Petition
Any H-1B petition filed on behalf of a selected beneficiary must contain evidence of the passport or travel document that was used at the time of registration to identify the beneficiary. This typically means including a copy of the passport biographical page with the petition filing.
Handling Discrepancies in Identifying Information
If there are discrepancies in the beneficiary's identifying information between the registration and the petition, USCIS will give the petitioner notice and an opportunity to explain. USCIS will then use its discretion in determining when a change in identifying information may be permissible.
Examples of potentially permissible changes include:
- A legal name change based on marriage
- A change in gender identity
- A change in passport number or expiration date due to renewal or replacement of a stolen passport between the time of registration and filing the petition
Important
Always ensure the passport or travel document used during registration is the same one the beneficiary intends to use to enter the United States. Discrepancies can lead to delays, requests for evidence, or even denial of the petition.
Grounds for Denial or Revocation
USCIS has clear authority to deny or revoke H-1B petitions that do not comply with the new registration requirements. Understanding these grounds is essential for petitioners.
When USCIS Can Deny or Revoke a Petition
USCIS can deny or revoke H-1B petitions under the following circumstances:
- There is a change in the beneficiary's identifying information as stated in the registration compared to the information stated in the petition
- The underlying registration contained a false attestation or was otherwise invalid
- The registration fee was invalid
- The H-1B cap-subject petition was not based on a valid registration
Required Attestations
The attestation requirements from previous H-1B seasons remain the same. A registrant must certify, under the penalty of perjury, that:
- The information contained in the registration is complete, true, and correct
- The registration reflects a legitimate job offer and the registrant intends to file an H-1B petition on behalf of the individual named in the registration
Key Points
- False attestations can result in petition denial or revocation.
- Registrants certify under penalty of perjury that the job offer is legitimate and they intend to file a petition.
Related Entities & Multiple Registrations
The new rules address how related companies — such as parent, subsidiary, or affiliate entities — may interact with the registration process.
Multiple Registrations by Related Entities
At this time, DHS does not prohibit related entities — such as parent, subsidiary, or affiliate companies — from submitting multiple registrations for the same individual, provided they have a legitimate business need to file multiple cap petitions. This means that if a corporate family has genuine, separate positions for the same beneficiary across different entities, each entity may submit its own registration.
Important Distinction
While related entities may submit multiple registrations for the same beneficiary, the beneficiary will still only be entered into the lottery once under the new beneficiary-centric system. The multiple registrations simply mean that multiple related entities will be notified if that beneficiary is selected.
Legal Sources
- Improving the H-1B Registration Selection Process and Program Integrity, 89 FR 7456 (February 2, 2024)
- 8 CFR 214.2(h)(2)(i)(G)
- INA 214(g)(7), 8 U.S.C. § 1184(g)(7)
- PM-602-0159, Matter of S- Inc., Adopted Decision 2018-02 (AAO Mar. 23, 2018)
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