New Lottery Confusion: Multiple H-1B Filings Allowed?

This year’s H-1B season has triggered confusion among employers and foreign workers due to new Trump era policy changes. Many are struggling to understand how updated rules affect filings, especially in cases involving job switches and multiple employer registrations.

A STEM OPT worker’s current employer plans to submit an H-1B registration in March. At the same time, the worker is exploring a job change, and the prospective employer is also willing to file an H-1B under a different wage level.

Before proceeding, the worker is uncertain whether two employers can file registrations for the same individual. Another concern is how different wage levels are evaluated under the newly introduced weighted lottery system.

Under US Citizenship and Immigration Services rules, each H-1B registration is linked to the applicant’s passport or travel document number. This measure was introduced to prevent misuse where related companies filed multiple registrations to boost selection chances.

If more than one employer submits a registration for the same individual, USCIS enters only one beneficiary into the lottery. Multiple filings do not translate into multiple lottery chances for the worker.

For FY2027, complexity has increased with wage based selection. Higher wage levels are given more weight, with level 4 positions receiving four entries in the lottery system.

However, when the same worker is registered at different wage levels, the system considers the lowest wage level for lottery entry. This applies only to selection odds and does not determine which employer gains priority.

If the registration is selected, all employers who submitted entries are notified. Each may then proceed with filing a complete H-1B petition during the designated filing window.

While measures to prevent duplicate filings were welcomed, the weighted lottery has raised concerns. Entry level workers and those seeking job changes during the H-1B season now face increased uncertainty.