PRACTICE AREA · IMMIGRATION
The H-1B lottery rewards preparation.
We start months before March.
H-1B visa strategy, lottery registration, and petition preparation for U.S. employers hiring specialty-occupation professionals — and for the talented professionals they hire.
Or call (949) 940-6725
01
The Lottery Window
USCIS opens electronic registration for the next fiscal year's H-1B cap in early to mid-March. Selection is random — but preparation isn't. We begin client intake in January.
If Selected
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Selected employers and beneficiaries have approximately 90 days to file the complete petition. We prepare every component in parallel with the lottery so nothing is rushed.
INDUSTRIES WE SERVE
Specialty occupations span fields where a bachelor's degree or higher is the standard entry credential. We have prepared H-1B petitions across STEM, business, finance, and creative industries.
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STEM & Technology
Software engineers, data scientists, biotech researchers, aerospace engineers, blockchain developers.
02
Business & Finance
Management consultants, financial analysts, investment professionals, accountants, business strategists.
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Healthcare & Sciences
Physicians, researchers, pharmacists, clinical specialists, laboratory scientists.
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Specialized Roles
Marketing strategists, fashion designers (distinguished merit), industry specialists, and other roles requiring specialty degrees.
WHEN TO APPLY
Three Scenarios. Three Different Timelines.
01 New Application
If this is the employee's first H-1B, the only path is the March lottery. We collect intake forms in January and register your beneficiary during the official registration window. If selected, we have approximately 90 days to file. Earliest start date: October 1.
02 Change of Employer
Currently working in H-1B status and switching employers? We can file at any time before the start date. Premium Processing is recommended if you want USCIS approval before changing jobs rather than relying on receipt notice portability.
03 Extension
Approaching the end of your authorized stay? We recommend beginning the extension process at least six months before your I-94 expiration date. Most extension cases are eligible for regular processing without the lottery pressure.
THE H-1B TIMELINE
Once a year. One window. About three weeks to register.
Unlike most visas, H-1B has only one lottery registration window each year — typically in early-to-mid March. Miss it and you wait until next March. We prepare clients beginning in January so registration is the easy part.
JANUARY - FEBRUARY
Step 1 Client Intake & Eligibility Review
We file the Prevailing Wage Application with the Department of Labor. Determines minimum required wage based on location and role.
EARLY-TO-MID MARCH
Step 2 Electronic Registration with USCIS
We register each beneficiary with USCIS during the official registration window. There is no penalty for registering — only for missing it.
LATE MARCH
Step 3 Lottery Selection Notification
USCIS conducts a random selection and notifies registered employers. For FY2025, approximately 442,000 unique beneficiaries registered, and 135,137 were selected across two rounds — roughly a 30% selection rate.
APRIL - JUNE
Step 4 Petition Preparation
Selected beneficiaries have approximately 90 days to file the complete I-129 petition. We prepare the LCA, supporting evidence, specialty occupation arguments, and degree equivalency assessments in parallel.
JUNE - AUGUST
Step 5 USCIS Adjudication
USCIS reviews the petition. Standard processing currently takes several months. Premium Processing (15 business days, $2,965 as of March 2026) is available for faster decisions.
SEPTEMBER - OCTOBER
Step 6 Visa Stamping (if abroad)
Beneficiaries outside the U.S. file DS-160 and attend a consular interview at their home country's U.S. embassy.
OCTOBER 1
Step 7 Authorized Work Start Date
The earliest date any cap-selected H-1B worker may begin employment for the new fiscal year.
COMMON QUESTIONS
The H-1B process is the most rule-bound and time-sensitive visa we handle. These are the questions we field every January through April.
01
A role that requires theoretical and practical application of a body of highly specialized knowledge, where attainment of a bachelor's degree or higher in the specific field is the standard minimum entry requirement. The position must meet at least one of four regulatory criteria: the degree is normally the minimum requirement, the requirement is common in the industry or the role is so complex that only a degree-holder can perform it, the employer normally requires a degree, or the duties are so specialized that the required knowledge is associated with attaining a degree.
What is a "specialty occupation"?
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January. Electronic registration typically runs for about three weeks in early-to-mid March, and that window is hard. Strategic intake — confirming the role qualifies, verifying credentials, identifying potential RFE risks — must happen before March. Waiting until February cuts your preparation time in half.
When do I need to start preparing for the H-1B lottery?
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What if my H-1B isn't selected in the lottery?
You wait until the next March. There are no second chances within the same fiscal year, though USCIS has sometimes conducted second-round selections later in the cycle. We use the time strategically — preparing the strongest possible profile, considering alternative visas like L-1, O-1, or E-3, and exploring green card paths that don't require the lottery.
04
Initial admission is up to three years. Extensions are available up to a total of six years. Beyond six years, exceptions exist for beneficiaries with pending green card applications — we plan for this from the start. If your employer terminates your employment before the end of your authorized stay, they are liable for the reasonable costs of your return transportation.
How long can I stay on an H-1B visa?
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Yes. Your spouse and unmarried children under 21 can apply for H-4 status. Under current USCIS policy, H-4 spouses of H-1B workers with approved I-140 petitions may also apply for work authorization (EAD). H-4 children may attend school but cannot work.
Can my family come with me?
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Yes. H-1B is one of the strongest temporary-to-permanent pathways, with most beneficiaries transitioning through EB-2 or EB-3 employment-based green cards. The H-1B allows "dual intent" — you can pursue permanent residence without violating your status. We typically begin the green card process within the first or second year of H-1B status.
Can the H-1B lead to a green card?
WHY THE GRADY FIRM
Not just paperwork.
Visa Strategy in Turbulent Times.
• Structuring the specialty occupation argument so the role meets all four regulatory criteria
• Aligning degree equivalency with job duties, the most common RFE trigger
• Strategic Premium Processing decisions for change-of-employer and extension cases
• Building the green card pathway (EB-2 / EB-3) alongside the H-1B from day one
Not sure if your role qualifies as a specialty occupation?
Take our H-1B qualification questionnaire — or schedule a 30-minute call.
LATEST INSIGHTS
Recent writing on the H-1B program.
