The H-1B Cap Lottery, Explained

What Is the H-1B Lottery?

The H-1B visa program is for U.S. employers to hire international talent in specialty occupations. However, the number of H-1B visas issued annually is capped due to high demand. When demand exceeds supply, a lottery system randomly selects petitions for processing. This guide will help you navigate the complexities of the H-1B cap lottery, understand the selection process, and explore alternatives if you’re not selected.The H-1B cap lottery results from the high demand for these visas, and it can be a source of uncertainty for employers and prospective H-1B visa holders.This guide will cover everything you need to know about the H-1B cap lottery, including the selection process, what to do if you or your employee isn’t selected, and more.

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Need expert guidance through the H-1B process? Boundless is here to help. Learn more about our corporate immigration services.

Key Takeaways for FY 2026

Based on recent trends and changes, here’s what to anticipate:

1. Continued Use of Electronic Registration: The streamlined electronic registration system will remain in place.
2. Beneficiary-Centric Selection: Selections will be based on unique beneficiaries, not registrations, requiring valid passport information.
3. Multiple Selection Rounds: Expect multiple selection rounds to fill the cap.
4. Collaboration: Organizational accounts will enable efficient collaboration between employers and legal teams.

RELATED ARTICLE:

Here’s What Changed In the H-1B Lottery Process For FY2025

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Understanding The H-1B Visa Cap

The H-1B visa cap is set at 65,000 per fiscal year, with an additional 20,000 visas for those with advanced U.S. degrees. International employees in specialty occupations typically need to register with USCIS and be selected in the lottery before applying for an H-1B visa. However, certain employers, such as universities and research institutions, are exempt from the cap.

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H-1B Cap Lottery Timeline

We’ll dive deeper into each step of the process, but here’s a general overview of how the H-1B cap lottery worked for FY 2025:

1. H-1B Electronic Registration: Prospective applicants register electronically with USCIS (March 1-18, 2024).
2. Random Selection: The lottery selects registrants who can file their H-1B petitions. The first selection was on March 29, 2024. A second selection was needed and was run on August 2, 2024.
3. Submission of Petitions: Selected registrants were notified and had a 90-day window to submit their H-1B petitions.
4. Petition Processing: USCIS processes the selected petitions. If approved, H-1B status is granted starting October 1, 2024.

H-1B Cap Season Dates for FY 2026 (Estimated)

While exact dates for the FY 2026 cycle have not been announced, based on previous years, you can expect:

• Registration Period: Mid-March 2025 (usually a 2-3 week window)
• Initial Selection Announcement: Early April 2025
• Petition Filing Period: April 1 – June 30, 2025

How to Register for the H-1B Lottery

Both the prospective H-1B employee and the sponsoring employer need to create online accounts with USCIS. During registration, essential information and a $215 fee are required. The registration period is short, so timely action is crucial.

USCIS provides detailed instructions on navigating the electronic registration process, including an instructional video and frequently asked questions here.

H-1B Lottery Selection Process

Once the registration window closes, here is a general overview of the H-1B lottery selection process:

1. Random Selection: If registrations exceed the cap, a lottery randomly selects registrants who can proceed with their applications.
2. Selection Notifications: Selected registrants are notified, while those not selected are informed later.*
3. Petition Preparation and Submission: Employers of selected registrants submit Form I-129 (Petition for Alien Worker) and supporting documents.
4. Petition Filing Timeline: The H-1B filing period typically opens on April 1st each year, and employers must file petitions within the specified filing window (typically 90 days).

*Employers filing on behalf of an H-1B applicant can see the applicant’s lottery status in their USCIS account. The account will show the lottery status as one of the following:

• Submitted: You have submitted your registration, and it is valid
• Selected: You can apply for an H-1B visa

• Not Selected: You were not chosen to apply for an H-1B visa this time
• Denied: If you register for the chance to apply for an H-1B visa with the same employer multiple times, USCIS will deem all of your registrations invalid
• Invalidated-Failed Payment: You registered, but your registration payment didn’t go through

Alternative Options if Not Selected in the H-1B Lottery

If not selected, individuals whose work authorization is expiring will have a 60-day grace period to adjust their status or prepare to leave the U.S. Exploring alternative visa options is crucial.

That’s why Boundless put together a detailed guide on alternative visas to consider if you or your employees are not selected in the H-1B lottery.

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