Kamal Ghorui
H-1B lottery FY 2027 results are out. Selected employers will start filing petitions from April 1.
The H-1B lottery 2027 results are out, though there is no official figure on how many registrations the USCIS received this year, and how the first wage-based lottery this year stacked up to the random lottery practices. Selection of the registration filed by the company or the law firm that the company hired is the first step in the long process and it does not mean that the road to the US is open and clear. Selected employers now have a 90-day window from April 1 to June 30 to file the petitions for the candidates they want to hire. After these petitions are approved, the earliest employment date will be October 1. But there are chances that the petition may get denied, though H-1B has a high rate of approval, as they are meant for specialty workers. In FY 2025, 8.926 petitions were denied.
Why a selected petition can still be rejected
1. Specialty occupation issuesA specialty occupation is one that requires specialized knowledge in a specific specalty like STEM. But if the petition can not convince the USCIS, the USCIS may decide the job doesn’t qualify as a “specialty occupation”.2. Employer–employee relationship problemsIf USCIS finds any issue in the employer-employee relationship, which is common in consulting/third-party placement cases. This is a standard practice in which firms recruit H-1Bs for their clients but USCIS can reject if they find something unusual.3. Documentation gapsMissing or weak evidence (degree, experience, contracts, etc.)4. Labor Condition Application (LCA) issuesThe Labor Condition Application (LCA) is an application filed by prospective employers on behalf of workers applying for work authorization for the non-immigrant status. If there is any error or mismatch, the petition can be denied. 5. Fraud/misrepresentation concernsIf USCIS suspects any fraud, it can trigger further investigation and a denial6. Requests for Evidence (RFE) not satisfiedIf USCIS sends an RFE and the response is weak or late.
How many H-1B chances does one get?
There is no limit or number of chances for an individual as far as H-1B is concerned. As long as the employer agrees to file a registration, the individual can enter the lottery. But in practical terms, this does not extend beyond six to seven years. STEM OPT students generally get three years of work authorization after the course is complete. Three years means three chances to enter the H-1B lottery, if the employer chooses to register. If someone then switches to another course and switches to a student visa again, then they get another three years in the same process.
