The results of the 2027 H-1B lottery are in, but there are no official figures yet on how many registrations USCIS received this year, or how this year’s first salary-based lottery compares to random lottery practices. Choosing to register with a company or a law firm hired by the company is the first step in a long process and does not mean that the path to the United States is open and clear. Selected employers now have a 90-day window between April 1 and June 30 to submit petitions for candidates they want to hire. Once these applications are approved, the earliest date of employment will be October 1. But even though the H-1B approval rate is high, since H-1B is for professionals, the application may also be rejected. In fiscal year 2025, 8,926 applications were denied.
Why selected petitions may still be rejected
1. Professional career issuesSpecialty occupations are those that require specific expertise such as STEM. But if the petition fails to convince USCIS, USCIS may determine that the job does not qualify as a “specialty occupation.”2. Labor relations issuesThis is common in counseling/third-party placement cases if USCIS discovers any problems with the employer-employee relationship. This is standard practice for companies recruiting H-1Bs for their clients, but they can deny it if USCIS finds something unusual.3. The document is blankMissing or weak evidence (degree, experience, contracts, etc.)4. Labor Condition Application (LCA) IssuesA Labor Condition Application (LCA) is an application submitted by a prospective employer on behalf of a worker applying for non-immigrant status work authorization. If there are any errors or mismatches, the petition may be rejected. 5. Fraud/Misrepresentation IssuesIf USCIS suspects any fraud, it may trigger further investigation and denial.6. Unfulfilled Request for Evidence (RFE)If USCIS sends an RFE and the response is weak or late.
How many H-1B opportunities does a person have?
With H-1B, there is no limit or number of opportunities for an individual. Individuals can participate in the lottery as long as their employer agrees to register. But realistically, it won’t be more than six to seven years. STEM OPT students typically receive three years of work authorization upon completion of the program. If the employer chooses to register, three years means three opportunities to participate in the H-1B lottery. If someone subsequently switches to another course and switches to a student visa again, they will gain another three years in the same process.