Understanding the H-1B Cap Lottery

Introduction

The U.S. has long held the title of “Land of Opportunities” and immigrating to the U.S. can be a wonderful opportunity for foreign aliens to enter the U.S. and settle. Most people with a view of carrying on work after entering the U.S. use employment-based visas in their immigration journey. 

However, not everyone can get a green card, and often temporary work visas are used to get a job in the U.S. 

If you want to understand the basics of the H-1B non-immigrant visa program and learn how to apply for the H-1B cap lottery,  eligibility requirements, and application steps, then you have come to the right place. 

What Is An H-1B Visa? 

H-1B Visa is a temporary, U.S. non-immigrant visa category that is used by U.S.-based companies/employers to temporarily employ an alien worker. It is used in industries that are highly specialties and require either a bachelor’s degree or its equivalent or higher qualification (depending on the specialty). 

What Is The H-1B Cap Lottery? 

The H-1B Cap Lottery is a process used by the U.S. Citizenship and Immigration Services to randomly select applicants for the H-1B Visa, which allows foreign workers in specialty occupations to work in the U.S. each year. Due to high demand, the number of applications typically exceeds the available visas, so the lottery system ensures a fair chance for all eligible candidates.

Each year, the general cap for the H-1B Visa program is 65,000. Additionally, there are 20,000 visas reserved for applicants with a U.S. master’s degree or higher, known as the advanced degree exemption. These caps limit the number of applicants who can proceed with their visa application.

With so many people applying, it’s important to act quickly and register for the H-1B Cap Lottery. USCIS randomly selects applicants from the pool, so those who are selected are eligible to move forward in the application process.

How Does The H-1B Cap Lottery System Work?

The number of immigrants who register for the lottery exceeds the cap of H-1B visas. So, a lottery system is needed to randomly select the immigrant who can further proceed with their applications. Every year multiple rounds of the lottery are conducted. 

There are different steps in the working of the H-1B Cap Lottery. Here’s a guide to the working of the system:

• The first lottery is conducted for the 20,000 visas available under the advanced degree exemption. If your application is not selected in this lottery then you are included in the regular annual cap. 
• The USCIS, during the registration period which is usually from the first to the third week of March, selects some immigrants. If the total number of applications with the USCIS is not enough to conduct the lottery then there can also be a subsequent registration period to get additional registrations. 
• From the list of total registrations of immigrants, if there are duplicate registrations of employers or prospective employees then they are removed. So, if you or or employer has registered more than once then those entries will be deleted. Also, registrations that were not completed due to failed payment are removed from the list of total eligible registrations.
• If the number of eligible registrations exceeds the annual cap, then a lottery system is used that randomly selects registrants who can proceed with their applications. At this stage, the USCIS does not see the merits of your application or any details related to your immigration status. 
• After the lottery is conducted, a list of unique beneficiaries is made who have been selected in the lottery, and from that, all properly submitted registrations for those beneficiaries that were selected are given a valid and selected status. At this stage as well there can be over 100,000 entries. This is done to ensure that if some of the applications are not valid to be accepted by the USCIS at a later stage when the application forms are submitted, then also there are enough applicants to fill the annual cap. 

What Are The Exemptions To The H-1B Visa Cap?

Some categories of professions and nationals are exempt from the H-1B visa’s annual cap of 65,000 and they do not have to participate in the lottery to get a H-1B visa. If you are:

• A worker who is performing labor or services in the Commonwealth of the Northern Mariana Islands (CNMI) and Guam, provided the application is filed before 31st December 2029; or 
• Going to prospectively work for an employer who files your petition and the employer is an institution of higher education or its affiliated or related nonprofit entities, a nonprofit research organization, or a government research organization.

If you are not exempted by the USCIS, do not worry. You can still apply for an H-1B Cap-subject visa. However, to be eligible to apply for a cap-subject H-1B Visa, you need to register with the USCIS and be randomly selected in the lottery system. 

How To Register For The H-1B Visa Lottery?

To be eligible to apply for an H-1B cap visa, you have to register in the lottery and register with the USCIS. Here’s a breakdown of the process:

1. The prospective employer or their authorized agent, as well as the H-1B employee, create a myUSCIS account. 
2. The employer in the registration period which is usually in March for a period of 14 days (March 6- March 25, 2024, for FY 2025), completes the registration process and submits basic information about itself and the prospective employee. 
3. The passport details or travel documents of the prospective employee are required to be submitted and for FY 2025, one beneficiary must only be registered under one passport or travel document. 

FileRight.com offers an application preparation service for preparing various immigration applications and making your immigration journey easier. 

What Is The Cost Of Registering For The H-1B Visa Cap Lottery? 

Earlier the USCIS charged a fee of $10, however, effective April 1, 2024, the USCIS will charge a fee(s) of $215 starting from the fiscal year 2025-26. 

The fee(s) paid to the USCIS is non-refundable, even if you are not selected. If you choose to apply the following year, you will have to pay the entire fee.

What Happens After You Are Selected In The H-1B Cap Lottery? 

As an employee who is selected in the lottery, you are given a period of 90 days (typically from April 1- June 30) to properly fill out and submit USCIS Form I-129, Petition for Alien Worker, along with prescribed supporting documents. 

The location where you have to file Form I-129 will be indicated in the H-1B registration selection notice. You should not file Form I-129 anywhere other than the location that is indicated in the selection notice. In your petition, you must indicate an employment start date of or after October 1 of the fiscal year you apply for, otherwise, your petition may be rejected. 

When enough petitions are received by the USCIS to reach the annual cap of the H-1B visa, then selection is made. Even if you do not get selected this year, you can apply the following year. The annual limit of an H-1B visa resets every year on the 1st of October. So even if you didn’t qualify for 2025, you can still apply for the lottery in March 2025, for the upcoming year. 

What Is The Timeline Of The H1-B Cap Visa Lottery For 2026? 

The selection of applicants for the year 2025 has already been done by the USCIS. If you want to register for fiscal year 2026 then you can refer to the following timeline:

1. H-1B Electronic Registration for the Lottery: If you are not exempted from the H-1B Visa Cap, then you should register electronically on the myUSCIS account. Registration will open between March 1-18, 2025. 
2. Lottery System: After the registration, the USCIS will conduct a lottery and randomly select applicants who can proceed with the application to fill an H-1B visa. The USCIS will release the list of selected candidates around 31st March 2025. The myUSCIS portal of applicants who are selected will reflect “Selected”. 
3.  Submitting Form I-129: From April 1st, 2025 after getting selected in the H-1B Cap lottery, you can file a Form I-129 petition. You get 90 days till around June 30, 2025, to collect all evidence and file your petition. 
4.  Processing of Petition: After you file Form I-129, it takes around 6.7 months to be pressed as per the current USCIS processing time. However, you can opt for premium processing with Form I-129 by paying $2805 to process your application within 15 days. If USCIS is unable to process your application in that timeframe, then the fee that you paid for premium processing will be refunded. The USCIS may also interview you before approving your petition.
5. Approval of Petition: The USCIS will notify you if your petition is approved and you will be eligible to start working from October 1, 2025, with your H-1B status.

What Are The Changes Brought In The H-1B Cap Lottery?

In 2024, the USCIS announced several changes in the H-1B Cap Lottery. The first of them is the fee increase which is effective from fiscal year 2025-26. 

Other changes include the linking of registration by an employee to either valid passports or travel documents. Another requirement is that the passport/travel document must be the same through which the non-immigrant employee plans to enter the U.S. 

USCIS to curb cases of fraud and multiple entries also clarified that while multiple employers can register/sponsor the H-1B Cap Lottery of a prospective employee, however, an employee must only register once. Additionally, every employer should also register once only. 

Conclusion 

In FY 2024 there were a staggering 780,884 registrations for the H-1B Cap lottery, with a selection rate of around 15.5%. When you apply for an H-1B visa after getting selected in the H-1B Cap lottery, you only have 90 days to file the forms, which also do not have a guarantee of being accepted by the USCIS. Before registering for the H-1B visa cap lottery or going for any immigration benefit, contact the licensed immigration experts at FileRight.com to prepare for every outcome, apply for H-1B alternates, and be confident that your immigration journey will be smooth and carefree. 

Frequently Asked Questions

My USCIS account is showing the status of “denied”. What does this mean?

If multiple registrations are submitted for one beneficiary, then if any one registration is denied as duplicate, all other H-1B visa registrations of the beneficiary during the fiscal year are also declared invalid and show the status of “denied”.

I was not selected for the H-1B visa cap lottery. Can I file an appeal? 

The H1-B visa lottery is based on random selection and you cannot appeal the decision as it is not based on the merits of your application. If your application is “denied” due to multiple registrations, then also you cannot appeal the decision of the USCIS. 

If my H-1B employment is terminated, do I automatically lose my status? 

If your employment is terminated, voluntarily or involuntarily, then you have 60 days of authorized stay in the U.S., and during this period you may file for a change of non-immigration status, or file for adjustment of status. If you want to change jobs, then you can use H-1B portability provisions and begin working for a new employer as soon as a ‘non-frivolous’ H-1B petition is filed by the new employer on your behalf. 

I have not received the result of the H-1B visa lottery. What can I do? 

The USCIS usually informs the persons who have been selected before updating the persons whose applications have been denied or not selected. You should keep checking the myUSCIS portal. In case you feel there is an inordinate delay in the process, then you can contact the USCIS.