San Francisco, CA immigration attorney Michelle Malison talks about Fiscal Year H-1B visas.  She explains that the fiscal year for H-1B employment runs from October 1st to September 30th. If an employer wishes to sponsor either a current employee or a future employee for H-1B employment, and the employee has not previously held H-1B status, the employee must obtain an H-1B approval within the fiscal year under current laws. The USCIS has the authority to approve up to 65,000 new H-1B petitions per fiscal year, with an additional 20,000 reserved for those who hold a U.S. Master’s degree or higher. This limit is commonly referred to as the H-1B cap.

Every year, the USCIS conducts a lottery, known as the H-1B Lottery, for the fiscal year. If an employee’s registration is selected in the lottery, the employer can proceed to file an H-1B petition on behalf of that employee.