H-1B Lottery Explained

Every March, hundreds of thousands of foreign professionals and their U.S. employers face a moment of uncertainty: will they be selected in the H-1B lottery? For many, this random selection process determines whether they can legally work in the United States or must pursue alternative pathways.

The H-1B lottery is a random selection process conducted by U.S. Citizenship and Immigration Services to allocate the 85,000 H-1B visas available each fiscal year when registrations exceed the statutory cap. According to the U.S. Department of State's Report of the Visa Office, H-1B visa issuances have consistently reached or exceeded cap limits since 2004, with demand far outpacing supply. In fiscal year 2024, USCIS received over 780,000 registrations competing for those 85,000 slots, resulting in selection rates of approximately 26% for most applicants. This means roughly three out of four candidates were not selected in the initial lottery drawing.

Understanding how the H-1B lottery works—from registration mechanics to selection odds- helps employers and candidates prepare effectively for the FY 2026 cycle. This guide explains eligibility requirements, the registration process, recent policy changes, and what happens after selection or non-selection.

Is there a lottery for an H-1B visa?

Yes. USCIS conducts an annual H-1B visa lottery because demand far exceeds the statutory H-1B cap. Each fiscal year, 85,000 new visas are available: 65,000 under the regular cap and 20,000 reserved for applicants holding a U.S. master's degree or higher.

Not all petitions require lottery participation. Cap-exempt employers, including universities, nonprofit research organizations, and government research entities, bypass the selection process entirely. Similarly, H-1B workers changing employers don't need to re-enter if they were previously counted against the cap.

Before registering, you need to confirm you meet the eligibility requirements.

Who qualifies for the H-1B lottery?

Eligibility depends on both employer and beneficiary qualifications. Your employer must be a legitimate U.S. business with a valid job offer, willing to sponsor your petition, pay prevailing wage requirements set by the U.S. Department of Labor, and comply with DOL standards. You must hold at least a bachelor's degree in a field related to the specialty occupation the position requires.

USCIS enforces a strict one-registration-per-beneficiary rule, meaning each H-1B applicant can only be registered once per fiscal year. This approach, implemented through recent Department of Homeland Security final rule changes, targets fraud by preventing multiple registrations designed to artificially increase selection odds.

Once you understand eligibility, you can prepare for registration.

H-1B lottery 2026 registration process

USCIS typically opens H-1B registration in early March each year on its official gov webpage, with the registration period lasting approximately two to three weeks. For FY 2026, employers should monitor the USCIS H-1B webpage for exact dates.

The registration process works as follows:

Step 1: Employer account setup. Your employer creates or logs into a myUSCIS organizational account and registers you as a prospective H-1B applicant.

Step 2: Registration submission. Your employer submits basic information about you and the proposed employment.

Step 3: Fee payment. Your employer pays the $10 registration fee per candidate. Filing fees are employer-paid by law.

Step 4: Selection notifications. USCIS conducts the random lottery after the period closes and notifies selected registrants through the myUSCIS portal, typically by late March.

Step 5: Petition filing deadline. Selected employers have 90 days to file the complete Form I-129 with supporting documents.

This system replaced the previous approach where employers filed full petitions before knowing results.

H-1B lottery changes and policy context

Recent regulatory changes have reshaped how the H-1B lottery process operates. DHS implemented beneficiary-centric selection starting with FY 2025 to combat fraud, ensuring each unique individual receives only one entry regardless of how many employers register them.

Policy discussions continue around wage-based selection, where registrations for higher-paying positions would receive priority to protect American workers. While such proposals have been discussed, no wage-based lottery system has been finalized. Employers and candidates should distinguish between enacted rules and proposed changes.

Wage levels and the H-1B lottery

While wage levels don't currently affect lottery selection odds, they increasingly influence petition strength. The U.S. Department of Labor sets prevailing wage requirements through four levels, from Level I (entry-level) to Level IV (highest wage). Your employer certifies the appropriate level through the Labor Condition Application before filing.

Under the current random lottery system, wage levels don't affect selection odds. Higher prevailing wage levels may strengthen your petition during adjudication by demonstrating the position genuinely requires specialty occupation qualifications.

H-1B lottery 2026 chances: what are the odds?

Setting realistic expectations helps you plan alternatives. In recent years, selection rates have ranged from approximately 25% to 35% for first-round selections. The regular cap typically sees lower rates than the master's cap pool because more registrations compete for the 65,000 slots.

For FY 2026, expect roughly one-in-three odds for initial selection. Applicants with U.S. advanced degrees enter the master's cap pool first, and if not selected there, they're included in the regular cap drawing, effectively receiving two chances.

Who has to pay $100,000 for an H-1B visa?

No one. Reports of a $100,000 H-1B visa fee reflect misunderstandings about proposed legislation, not actual filing requirements. Current filing fees include the base I-129 fee, fraud prevention fee, and ACWIA training fee, typically totaling several thousand dollars. U.S. employers must pay mandatory government filing fees by law.

Disclaimer: This information is for educational purposes only and does not constitute legal advice. Consult an immigration attorney for legal advice specific to your situation.

Can you get an H-1B without the lottery?

Yes, through cap-exempt employment. Universities, nonprofit research organizations affiliated with universities, and government research organizations can hire H-1B workers year-round without lottery participation.

Another option involves concurrent employment. If you already hold H-1B status through a cap-exempt employer, a cap-subject employer can file a concurrent petition without entering the H-1B visa lottery. Once you've been counted against the cap, subsequent petitions don't require new selection. Some foreign nationals also pursue a green card through employment-based immigration.

What happens after selection or non-selection

If selected in the H-1B lottery, your employer has 90 days to file the complete Form I-129 visa application with USCIS, including the certified LCA, supporting documents, and evidence the position meets specialty occupation requirements. USCIS will review and either approve, deny, or issue a Request for Evidence. Standard processing takes three to six months; premium processing guarantees a decision within 15 calendar days.

If not selected, you cannot file a cap-subject petition for that fiscal year. Your options include seeking cap-exempt employment, changing to another work visa status if eligible, or re-registering next year. Many foreign nationals participate in multiple cycles before selection.

How Lighthouse helps navigate the H-1B lottery

The lottery involves coordination between U.S. employers, candidates, and multiple government agencies, with strict deadlines and evolving compliance requirements. Errors during registration or petition preparation can disqualify otherwise strong cases.

Lighthouse provides eligibility assessment to confirm specialty occupation alignment, compliance support to avoid fraud-risk flags, and wage level analysis to strengthen petitions. Our case managers combine immigration expertise with technology designed for H-1B visa program workflows, helping employers meet 90-day filing deadlines and candidates understand their options. We coordinate LCA certification, supporting documents, dependent applications, and timeline management.

Start your H-1B evaluation today.

Frequently asked questions about the H-1B lottery

What is the H-1B lottery and who runs it? 

USCIS conducts the lottery to allocate cap-subject visas when registrations exceed the 85,000 annual limit. USCIS operates the electronic registration system while DHS sets the regulatory framework.

When is the H-1B lottery held each year? 

Registration typically opens in early March for two to three weeks, with selection results released in late March. Selected registrants can begin filing petitions on April 1 for employment starting October 1.

How many times can I enter the H-1B lottery? 

You can register once per fiscal year. If not selected, you can re-register in subsequent years with no limit on total attempts.

Does having a higher salary increase H-1B lottery chances? 

No, under current rules. The lottery is random, and wage levels don't affect selection odds. Higher wages may strengthen your petition during adjudication but don't improve lottery chances.

Can an individual self-register for the H-1B lottery? 

No. Only U.S. employers can register candidates. The H-1B visa is employer-sponsored; foreign nationals cannot self-petition.

What happens if I'm selected but my petition is denied? 

Selection only grants your employer the right to file, it doesn't guarantee approval. If denied, you cannot refile for that fiscal year. Your employer may register again in the next lottery cycle.

Can I work while waiting for H-1B lottery results? 

Only if you have independent employment authorization through another work visa status. Registration alone doesn't provide employment authorization.

Is the H-1B lottery changing in 2026? 

The beneficiary-centric selection system continues in FY 2026. Wage-based selection has been proposed but not finalized; the current lottery remains random.