U.S. Citizenship and Immigration Services (“USCIS”) recently announced that this year’s H-1B Cap Lottery Season for fiscal year 2026 will open March 7, 2025 and run through March 24.
The H-1B program allows United States companies and other employers to temporarily employ foreign workers in specialty occupations that require the theoretical and practical application of a body of highly specialized knowledge and a bachelor’s degree or higher in the specific specialty. H-1B specialty occupations may include fields such as architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology, and the arts. Each fiscal year, the H-1B Cap Lottery permits employers who are subject to the congressionally mandated cap of 65,000 H-1B visas annually to register employees or recruits as the first step in obtaining an H-1B visa (“Regular Cap”). Moreover, individuals who have earned an advanced degree, U.S. master’s degree or higher, are eligible for an additional 20,000 visas (“Masters Cap”). The Lottery Season exists because demand for H-1B visas far exceeds the number of H-1B visas available and this process aims to ensure fairness in allocating these highly sought after visas. The Lottery is conducted in two parts: (1) Regular Cap Selection whereby USCIS selects from all the registered beneficiaries for the 65,000 regular cap H-1B visas, and (2) Masters Cap Selection whereby USCIS selects only from the beneficiaries with a U.S. master’s degree or higher to fill the additional 20,000 master’s cap H-1B visas.
Importantly, this year the H-1B Cap Lottery for the 2026 fiscal year will open at 12 noon EST on March 7, 2025 and run through 12 noon EST on March 24, 2025. During this registration time period, U.S. employer-petitioners must electronically register each beneficiary for selection in the lottery through USCIS online system and pay the associated $215 H-1B registration fee for each beneficiary registered. This year’s H-1B Cap Lottery will use the same beneficiary-centric selection process launched last year. Under this selection process, registrations are randomly selected by unique beneficiary instead of by registration. USCIS typically notifies employer-petitioners of any selections by March 31 through the USCIS online system. Only registrations selected in the Lottery may file a H-1B visa petition with USCIS. The H-1B visa petition must be filed with USCIS between April 1 and June 30, 2025, and cannot have an intended start date prior to the start of the fiscal year, here October 1, 2025.
Selection in the H-1B Cap Lottery does not mean that the beneficiary has obtained a H-1B visa or is guaranteed one, instead it is the critical first step that allows the cap-subject employer-petitioner to file a H-1B visa petition on behalf of the beneficiary. USCIS may run a second round of selections (‘2nd Lottery”), or even a 3rd, if they do not meet the visa numerical allocation for the Regular and/or Masters Cap for the fiscal year. Any subsequent Lottery will automatically pull from the previously submitted registrations and no action is needed from the employer-petitioner.
An H-1B visa is a great option for U.S. employers to recruit and hire highly skilled professionals from around the world and fill skill gaps and shortages of workers in specialized fields. Additionally, this program allows U.S. companies to stay competitive in the global market by attracting and retaining top workers. An H-1B visa also provides foreign workers with the opportunity to work in their field of expertise in the United States. Individuals, including recent college graduates, employees with OPT work authorization, TN employees, L employees, E-2 and E-3 employees, and H-1B1 employees, may benefit from the H-1B visa classification.
Understanding the process and deadlines associated with the H-1B Cap Lottery is critical to maximizing this once-a-year visa opportunity. With the H-1B Cap Lottery Season opening soon, now is the time to take action. To speak with one of our knowledgeable attorneys about the H-1B Cap Lottery process contact our office at 215-395-8959.
