H-1B Lottery 2026: Everything You Need to Know

The H-1B Cap: What Congress Established

Congress established the annual H-1B cap at 65,000 regular-cap slots, with an additional 20,000 slots reserved for beneficiaries holding a U.S. master's degree or higher (the advanced degree exemption). These numbers are set by statute — they cannot be administratively increased by USCIS.

Cap-exempt employers — including qualifying universities, nonprofit research organizations affiliated with higher education, and certain government research institutions — may file H-1B petitions outside the cap process under 8 CFR 214.2(h)(8)(ii). F-1 students employed at such institutions can transition to H-1B without participating in the annual lottery.

The Electronic Registration System

USCIS implemented mandatory electronic pre-registration beginning in FY2020. Under this system, the employer — not the beneficiary — submits an electronic registration for each H-1B candidate during the annual registration window, typically in March. The current registration fee is $215 per registration.

If total registrations exceed available cap slots — which has occurred every year since FY2008 — USCIS conducts a random selection lottery. USCIS first selects from all eligible registrations for the regular cap. It then runs a second lottery from remaining advanced degree registrations for the 20,000 master's-cap slots, effectively giving advanced degree holders two chances at selection.

FY2026 Timeline

The H-1B Petition After Selection

Selected registrants receive notification through the employer's myUSCIS account. The employer then has until June 30 to file a complete Form I-129 (Petition for a Nonimmigrant Worker). The petition must document the specialty occupation qualification, employer-employee relationship, and beneficiary's qualifying credentials.

H-1B specialty occupation regulations at 8 CFR 214.2(h)(4)(ii) require documentation that the position requires at least a bachelor's degree in a specific field and that the beneficiary holds such a degree. USCIS may issue a Request for Evidence (RFE) asking for additional documentation. Anyone who receives an RFE on an H-1B petition requires immediate consultation with a licensed immigration attorney.

Cap-Gap Protection for F-1/OPT Holders

Cap-gap protection under 8 CFR 214.2(f)(5)(vi) is the regulatory bridge between F-1/OPT status and H-1B status for students whose OPT would expire before October 1. USCIS rules document that F-1 students on OPT whose H-1B petition is timely filed and cap-selected, requesting an October 1 start date, may remain in authorized status and authorized employment from the OPT expiration through September 30 of the petition year.

Cap-gap is automatic — no separate USCIS application is required. The DSO endorses the I-20 to reflect cap-gap status. USCIS rules document that departure from the United States during the cap-gap period terminates the cap-gap benefit. Re-entry after departure during the cap-gap period requires a valid H-1B visa stamp, which must be obtained abroad.

Lottery Odds: Published USCIS Data

USCIS publishes H-1B cap registration data annually. Recent published figures illustrate the competitive nature of the lottery:

Source: USCIS published H-1B cap season data. Odds vary year to year based on total registrations received.

What USCIS Rules Document for Non-Selected Registrants

If a registration is not selected, the registrant may not file an H-1B cap-subject petition for that fiscal year. USCIS rules permit participation in subsequent fiscal years' lotteries. Some employers are cap-exempt and not subject to the lottery at all.

USCIS has documented and taken action against H-1B fraud schemes, including multiple registrations for a single beneficiary. USCIS regulations prohibit multiple registrations for the same beneficiary by the same employer or affiliated companies. Submitting multiple registrations to improve lottery odds is grounds for disqualification and potential debarment under current rules.

Change of Status vs. Consular Processing

USCIS regulations document two pathways for the H-1B transition: change of status (processed domestically by USCIS, no departure required) and consular processing (beneficiary departs and obtains H-1B visa stamp at a U.S. Embassy or Consulate abroad). Each pathway has distinct timing rules, travel implications, and risks that depend on the individual's specific circumstances. A licensed immigration attorney documents the appropriate pathway for each situation.