For many individuals and families in Baltimore, the H-1B visa lottery process is more than just a policy—it’s the gateway to launching a career, growing a business, or building a life in the United States. Each year, thousands compete for a limited number of H-1B slots, but a lack of clear guidance often stands in the way. At Law Office Of Raymond O. Griffith, we deeply understand how critical this opportunity is for our community. Drawing from both legal acumen and personal immigrant experience, our goal is to help you approach the H-1B visa lottery with clarity, preparation, and a real path forward.
What Is the H-1B Visa Lottery and Why Does It Exist?
The H-1B visa lottery exists because demand for H-1B visas far exceeds what U.S. law allows each year. Currently, the United States Citizenship & Immigration Services (USCIS) issues 65,000 general H-1B visas and 20,000 additional visas to advanced degree holders from U.S. institutions annually. Historically, the number of applications has been several times greater than the annual cap. To manage this overflow, the government uses a random, computerized selection process—commonly known as the lottery—to determine which applicants can move forward in the process. This system prevents a rush for visas by timing alone and is intended to make access as fair as possible under the law.
Contrary to a common misconception, the H-1B visa lottery is not arbitrary. Rather, the lottery exists because federal immigration law strictly limits the number of new H-1B visas that can be issued each year. Without the lottery, those who could submit first would always win, leaving many qualified applicants with no chance. The annual lottery levels the playing field but also raises the importance of preparing perfect applications so you aren’t disqualified for preventable errors.
For Baltimore employers—including universities, healthcare systems, and technology firms—the lottery has a significant impact. It shapes recruitment and retention of international professionals, and missed opportunities can directly affect business operations. Understanding the roots of the lottery system and the realities of high demand helps both workers and employers navigate the system with patience and precision.
Who Is Eligible to Participate in the H-1B Lottery?
Not everyone can enter the H-1B lottery. Both the individual worker and the U.S. sponsoring employer must meet specific criteria. The worker must have at least a bachelor’s degree (or its foreign equivalent) in a field directly related to the offered job. Roles that qualify under “specialty occupation” status often include engineering, IT, science, healthcare, business analysis, and similar professions requiring specialized knowledge and advanced education.
The sponsoring employer must be a United States entity able to offer a genuine, specialty occupation position. This requires the employer to file a Labor Condition Application (LCA) certified by the Department of Labor, confirming compliance with wage and workplace standards. The job offer should correspond directly with the applicant’s education and skills, as discrepancies can lead to requests for evidence or denials down the line.
Recent regulatory changes have heightened scrutiny for certain arrangements, such as off-site placement or third-party staffing companies. For Baltimore-based companies connected to research, healthcare, or project-based tech work, this means being extremely diligent with offering letters, job descriptions, and supporting evidence. For the worker, checking that your degree and credentials align with your job offer is critical for a successful registration.
How Does the Annual H-1B Lottery Work?
The H-1B lottery follows a defined annual process managed by USCIS, with strict attention to registration windows and deadlines. For most years, this timeline includes:
- March: Online registration window opens (typically for 2–3 weeks)
- Late March/Early April: Registration closes, and random selection is conducted
- By the End of March: Selected applicants are notified electronically
- April–June: Selected employers must file full H-1B petitions within roughly 90 days
The initial stage—online registration—collects only basic details about the employer, the beneficiary, and the potential employment. No supporting documentation has been filed at this point. Selections are made electronically, and only selected registrants (plus their sponsoring employers) can submit full petitions with all required evidence. Every detail entered must be accurate and current, as errors or mismatches can result in disqualification before you even have a chance to proceed.
Once selected, employers must prepare comprehensive H-1B petitions that include evidence of business operations, wage compliance documents, job descriptions, worker credentials, and a certified LCA. Every supporting document must be current, detailed, and consistent with the original registration. Delays, missing files, or even small discrepancies can cost a candidate their place in the process, emphasizing the need for diligent preparation at every stage.
In Baltimore, it’s especially important to maintain a streamlined internal system for tracking status updates and required steps across all parties involved. Having a knowledgeable legal team can ensure your registration and petition are complete and in compliance with USCIS protocol, closing the gap between opportunity and successful approval.
H-1B Lottery Update: What’s Changing for 2026 and Beyond
The H-1B lottery remains a crucial step for U.S. employers and foreign professionals. For the Fiscal Year 2026 lottery held in March 2025, USCIS followed the traditional random selection system, with both the 65,000 regular cap and the 20,000 advanced degree cap being reached as expected.
Looking ahead, however, the Department of Homeland Security (DHS) is proposing a significant shift from the random lottery to a wage-based selection system. Under this approach, applicants offered higher salaries would have a greater chance of being selected. This could benefit large corporations that can offer top-tier wages, while smaller businesses, nonprofits, universities, and startups may face new challenges. Recent international graduates entering the workforce at lower wage levels could also see reduced chances of success.
For now, this remains a proposal. DHS will need to publish the rule, allow for a public comment period, and finalize it before implementation. If adopted, the changes could take effect as early as the FY 2027 lottery in March 2026. Employers and foreign workers should begin considering how these potential changes might affect their immigration strategies.
Learn More
- Alexander, Robert. "H-1B Visas Face Major Change Under DHS Plan." Forbes, 22 Aug. 2025, www.newsweek.com/h1b-visas-face-major-change-under-dhs-plan-2117526. Accessed 26 Aug. 2025.
- Anderson, Stuart. "New Trump Immigration Policy: Ending The H-1B Visa Lottery." Forbes, 21 Jul. 2025, www.forbes.com/sites/stuartanderson/2025/07/21/new-trump-immigration-policy-ending-the-h-1b-visa-lottery/. Accessed 26 Aug. 2025.
How Can Baltimore Applicants and Employers Improve Chances with H-1B Lottery Submissions?
Ensuring your H-1B lottery submission is solid and has a chance of being chosen requires more than meeting the basic requirements—it takes careful preparation and attention to detail. Confirming that every registration entry matches supporting documents, from degree spelling to job title, helps avoid common disqualifications. Employers should also carefully review prevailing wage levels and job descriptions, making sure they align with Maryland and Baltimore standards when filing Labor Condition Applications.
For applicants, having academic records, employment history, and immigration documents ready before the registration window makes the process smoother and reduces errors. At Law Office Of Raymond O. Griffith, we work closely with both Baltimore employers and applicants to address local challenges, streamline submissions, and strengthen filings so they withstand USCIS review and improve lottery success rates.
What Documents and Information Do Employers and Applicants Need for H-1B Filings?
Preparation is everything when engaging in the H-1B process. Both employers and applicants need to assemble substantial documentation before and after selection. For employers, this includes:
- Tax identification and proof of business activities
- Detailed, specialty-focused job descriptions
- Offer letters and contracts matching the job requirements
- Labor Condition Application (LCA) approved by the U.S. Department of Labor
- Salary confirmation and wage-level attestations for the Baltimore region
Applicants should be ready to provide:
- Official academic transcripts and diplomas (including degree equivalency evaluations for foreign degrees)
- Professional licenses, certifications, and resumes
- Valid passport and identification documents
- Employment references for any degree-equivalency claims
A successful petition requires perfect alignment between an applicant’s specialty skills and the offered role. Both sides should keep additional supporting evidence on hand, such as business registration documents or reference letters, in case USCIS issues Requests for Evidence. For employers and employees in Baltimore, keeping these records organized before the lottery opens helps streamline filings and avoid delays during the narrow petition window.
What Are My Chances of Being Selected in the H-1B Lottery?
Every properly submitted registration has an equal chance, regardless of employer size or reputation—so accuracy and completeness matter far more than name recognition.
For applicants in Baltimore, there’s no local disadvantage, though industries like tech and healthcare often draw closer scrutiny. The real key to improving your chances isn’t speed or shortcuts, but making sure every detail is right. Even small mistakes can keep your application out of the lottery, which is why working with an experienced immigration attorney who understands the Baltimore market can give you peace of mind and help ensure your application is fully prepared.
What Happens If I’m Not Selected in the H-1B Lottery?
If you are not selected in the H-1B lottery, there are still strong options to consider. Many professionals in Baltimore may qualify for alternatives such as O-1 status for individuals with extraordinary ability, L-1 intracompany transfer visas for multinational businesses, or extensions under the F-1 STEM OPT program for recent graduates in science, technology, engineering, or math. Each of these paths has unique requirements, so speaking with an experienced immigration attorney early can help you find the right solution.
At Law Office Of Raymond O. Griffith, we also assist those with student visas and professionals in exploring cap-gap extensions, maintaining lawful status, or planning for the next H-1B cycle. For employers, this may include reassessing staffing needs and creating immigration strategies that blend different visa categories to ensure workforce stability. Our team works closely with both individuals and businesses to build clear, tailored strategies that keep opportunities open—even when H-1B lottery results don’t go as planned.
What to Expect After Being Selected in the H-1B Lottery
If you are selected in the H-1B lottery, employers and beneficiaries have up to 90 days to submit the full H-1B petition to USCIS. This includes the certified Labor Condition Application, supporting evidence, and all required forms and fees. Because USCIS closely reviews details for consistency, working carefully with your legal team is the best way to avoid delays or red flags.
Once submitted, USCIS may approve the petition directly or issue a Request for Evidence (RFE) for clarification. If approved, H-1B employment can begin as early as October 1st, with additional visa stamping needed for workers abroad. At Law Office Of Raymond O. Griffith, we help both employers and employees stay on top of timelines, respond quickly to RFEs, and prepare for a smooth start to H-1B employment.
What Are the Most Common H-1B Lottery Mistakes and How Can You Avoid Them?
Many lottery entries fail due to errors that could have easily been prevented. For Baltimore employers, frequent pitfalls include incorrect business registration details, mismatches between job titles and role descriptions, or failing to get the Labor Condition Application certified in time. These procedural slip-ups can not only disqualify the applicant for the current cycle but also trigger added government scrutiny for future cases.
Applicants often run into problems with outdated transcripts, missing degree evaluations for foreign credentials, or inconsistencies in employment history that cast doubt on their eligibility for the role. Even small discrepancies—a name misspelling or date mismatch—can require lengthy clarification through RFEs or even result in denials. The ever-evolving regulatory standards mean it’s more important than ever to use precise, current documents at every stage.
To avoid mistakes, we recommend:
- Conducting thorough reviews of every document before submission
- Maintaining open communication between all parties—employer, employee, & counsel
- Tracking USCIS notifications carefully for time-sensitive requests
- Developing a checklist of requirements tailored to Baltimore’s unique needs & timelines
How Can Legal Guidance Boost Your Success in the H-1B Lottery?
Navigating the H-1B lottery can feel overwhelming with complex rules, strict deadlines, and high stakes. Having the right legal team makes all the difference—resolving eligibility questions, ensuring compliance, and guiding both employers and employees through each step. At Law Office Of Raymond O. Griffith, our unique connection to Baltimore’s immigrant community allows us to anticipate challenges beyond the paperwork, from cultural misunderstandings to workplace expectations, while building strategies tailored to your goals.
Our support doesn’t end with the lottery. If your petition faces an RFE, denial, or other hurdle, we move quickly to explore appeals or alternative visa options. Even after approval, we assist with next steps like visa stamping, extensions, employer compliance, and long-term green card planning. With us, you gain a partner committed to your success today and your future in the U.S.
Need H-1B Lottery Support? Call Law Office Of Raymond O. Griffith.
The H-1B lottery brings both opportunities and challenges, and having the right guidance can make all the difference. At Law Office Of Raymond O. Griffith, our team’s own immigrant experiences shape the compassionate, detail-focused support we provide. We assist with preparing registrations, organizing documents, and addressing both routine and unexpected hurdles—helping applicants and employers feel confident throughout the process.
Whether this is your first H-1B lottery or you’ve faced setbacks before, our Baltimore-based legal team is here to offer personalized strategies and up-to-date guidance. Every case receives our full attention, and we are honored to help you pursue your career and future in Baltimore. Contact us at (410) 883-9157 to take the next step.