What is the H-1B Lottery?

For many foreign professionals seeking temporary employment in the United States, the H-1B visa can provide an important pathway to work for a qualifying U.S. employer. However, because Congress limits the number of H-1B visas available each year, many applicants must go through an electronic selection process commonly called the H-1B lottery.

Understanding how registration, selection, and the subsequent petition process work can help employers and prospective workers prepare for the process and avoid common mistakes.

Understanding the H-1B Lottery

The H-1B lottery is an electronic registration and selection process used by U.S. Citizenship and Immigration Services (USCIS) when the number of registrations exceeds the available annual H-1B numerical allocations.

The H-1B classification allows U.S. employers to temporarily employ foreign workers in specialty occupations. A specialty occupation generally requires the theoretical and practical application of highly specialized knowledge and at least a bachelor's degree or equivalent in a directly related specialty.

The lottery does not itself grant an H-1B visa or status. Selection gives the prospective employer an opportunity to file an H-1B petition for the selected beneficiary, subject to the applicable requirements.

How Does the H-1B Lottery Work?

The process begins with prospective petitioners submitting electronic registrations for eligible beneficiaries during a designated registration period. USCIS then conducts a selection process when necessary to determine which registrations may proceed.

For the regular annual cap, 65,000 H-1B numbers are generally available, with an additional 20,000 numbers reserved for beneficiaries who hold a master's degree or higher from a U.S. institution of higher education that qualifies for the advanced-degree exemption. The annual allocation is commonly referred to as the H-1B cap.

Recent changes have also affected how USCIS conducts selection. For the FY 2026 registration period, USCIS implemented a beneficiary-centric selection process, under which each unique beneficiary was entered into the selection process based on their passport or travel-document information rather than allowing multiple registrations for the same person to increase selection chances.

Who Is Eligible for the H-1B Lottery?

The H-1B process is generally intended for foreign workers who will be employed in qualifying specialty occupations. Eligibility depends on both the proposed position and the beneficiary's qualifications.

The worker generally must have a bachelor's degree or higher in a field related to the specialty occupation, or an equivalent qualification under applicable rules. The position itself must also satisfy the requirements for an H-1B specialty occupation.

The annual cap does not apply to every H-1B petition. Certain employers and employment arrangements may qualify for cap-exempt treatment, including qualifying institutions of higher education and certain nonprofit research organizations or governmental research organizations.

It is therefore important to distinguish the H1B visa lottery from the H-1B classification as a whole. Not every potential H-1B worker necessarily has to go through the annual selection process.

How Does H-1B Registration Work?

Prospective petitioners generally must create or use a USCIS online account and submit an electronic registration during the designated registration period.

The registration requires information about the prospective employer and beneficiary, along with the required registration fee. Under the beneficiary-centric system, accurate identifying information is particularly important because USCIS uses information such as the beneficiary's passport or travel document information in the selection process.

Employers should carefully review registrations before submission. Errors involving a beneficiary's identity, education, or other required information can create complications later if the registration is selected.

A registration is also not the same thing as an H-1B petition. If USCIS selects the registration, the employer still must submit a complete petition during the applicable filing period and demonstrate that the beneficiary and proposed employment qualify.

How Much Does the H-1B Lottery Cost?

The electronic registration process has a separate fee from the fees associated with filing an H-1B petition. For the FY 2026 registration period, USCIS required a $215 registration fee per beneficiary. Other fees may apply if a registration is selected and the employer proceeds with the H-1B petition. Because government fees can change, employers should verify the current USCIS fee schedule before submitting a registration or petition.

When Is the H-1B Lottery?

The H-1B registration period generally occurs several months before the start of the federal fiscal year for which the H-1B worker is being requested. For example, the FY 2026 initial registration period ran from March 7 through March 24, 2025. USCIS announced the initial selection results by March 31, 2025. The exact dates can change from year to year, so employers and prospective workers should monitor current USCIS announcements rather than relying on dates from an earlier registration cycle.

What Happens If You Are Selected in the H-1B Lottery?

Selection does not mean the H-1B has been approved. Instead, it gives the prospective employer an opportunity to file an H-1B petition for the selected beneficiary. The employer must generally file the petition during the designated filing period and provide evidence showing that the position and beneficiary meet the applicable H-1B requirements.

USCIS then reviews the petition. The agency may approve the petition, issue a request for evidence, or take another action depending on the circumstances. If the petition is approved, the beneficiary's next steps depend on their current immigration situation. For someone outside the United States, this may involve applying for an H-1B visa at a U.S. consulate before seeking admission. Someone already in the United States may have a different process, depending on their existing status and the petition filed.

Get Help Navigating the H-1B Lottery

The H-1B process involves more than entering a lottery. Registration details, eligibility requirements, government fees, selection procedures, and petition requirements can all affect the outcome. We are happy to answer your questions about the H-1B visa lottery 2025, H-1B nonimmigrants visas, and more.

If you or your employer are preparing for the H-1B process and need help understanding your options, Hurtubise Weber Law can provide guidance based on your circumstances. Contact our firm to discuss your immigration needs in San Francisco and San Jose, CA.

Frequently Asked Questions About the H-1B Lottery

The H-1B process involves several distinct stages, and being selected in the registration process is only one of them. These common questions can help clarify the difference between registration, selection, and approval.

• Is the H-1B Lottery the Same as Getting an H-1B Visa?

  No. Selection in the H-1B registration process does not guarantee approval. The employer must still file an H-1B petition, and USCIS must determine that the petition satisfies the applicable requirements.

• Is H-1B a Nonimmigrant Visa?

  Yes. H-1B is a nonimmigrant classification that allows qualifying foreign workers to work temporarily in the United States. H-1B status can, however, coexist with certain long-term immigration plans because the classification permits dual intent.

• What Does “Nonimmigrant” Mean?

  A nonimmigrant is generally a foreign national seeking temporary admission to the United States for a specific purpose and period. H-1B is one example of a nonimmigrant visa classification.

• Can Someone With a U.S. Master's Degree Receive Special Consideration?

  Potentially. The H-1B program includes an additional 20,000 numbers for qualifying beneficiaries who have earned a master's degree or higher from a qualifying U.S. institution. A beneficiary who qualifies for the advanced-degree exemption may therefore have an additional opportunity for selection.

• What Happens If My H-1B Registration Is Not Selected?

  If a registration is not selected, the employer generally cannot file a cap-subject H-1B petition based on that registration during that filing cycle unless USCIS later conducts another selection. Other immigration or employment options may be available depending on the individual's circumstances.