Cap-subject lottery, cap-exempt filings, transfers, and extensions — with EB-2 NIW or PERM mapped before your second H-1B amendment.
| Employer type | Cap? | When to file | Note |
|---|---|---|---|
| Private employer | Cap-subject | March registration | Lottery 30%–40% selection |
| University / non-profit research | Cap-exempt | Year-round | No lottery |
| Government research org | Cap-exempt | Year-round | No lottery |
| Concurrent H-1B (cap + exempt) | Both | Anytime | Two roles, one beneficiary |
Employer registers beneficiary in March. Beneficiary-centric: one entry per beneficiary regardless of employer count.
If selected, full I-129 packet within filing window. LCA, supporting evidence, prevailing wage attestation.
Start work on October 1 (cap-subject) or earlier (cap-exempt). Status maintained via paystubs and LCA postings.
PERM or EB-2 NIW filed in year 1–2 to preserve AC21 H-1B beyond the 6-year cap.
Eight questions covering specialty-occupation fit, sponsor history, lottery odds, and EB-2 / EB-3 / NIW pathway.
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USCIS uses beneficiary-centric registration. Each beneficiary receives one lottery entry per year regardless of how many employers register them. Selection rates have been 25–40% in recent years.
Year 1 of H-1B if your employer supports it. Filing PERM or EB-2 NIW early preserves your H-1B beyond the 6-year limit through AC21.
H-4 spouses can work only after USCIS issues an EAD, generally available once the H-1B holder has an approved I-140 (employment-based green card petition). We sequence the I-140 to unlock H-4 EAD.
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All information published on this page is for informatory and consultation purposes only. It does not constitute legal, immigration, financial, or admissions advice. Any decision affecting your case should be taken only after a personal consultation with our team and a written engagement letter.
Information reflects current trends as of the most recent update. Visa rules, fee schedules, intake windows, and entry requirements change regularly and depend on individual circumstances. For the most up-to-date position that applies to your case, please contact us or check directly with the relevant authority before acting.
Fees and cost figures are shown in US Dollars (USD) unless otherwise noted; conversions are indicative. For legally binding requirements, always visit the official country-specific government website (IRCC, UKVI, USCIS, Home Affairs, BAMF, ICA, etc.) or the official test/admissions partner site before paying any fee or submitting an application.
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