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If you're an employer looking to hire skilled foreign talent or an international professional hoping to work in the U.S., understanding the H-1B lottery cap is crucial. The H-1B visa program is one of the most sought-after pathways for high-skilled workers to gain employment in the U.S., but it's also subject to strict limits and a randomized selection process.
The H-1B visa program is governed by an annual cap set by Congress. Each fiscal year, only 85,000 new H-1B visas are available:
65,000 under the regular cap, and
20,000 under the U.S. advanced degree exemption (commonly known as the master's cap).
Because the number of H-1B applications far exceeds this limit, USCIS implements a randomized lottery system to select registrants eligible to file a full H-1B petition. As of 2025, the registration fee for each H-1B cap submission has increased from $10 to $215. This fee applies to each beneficiary registered by an employer.
The H-1B cap season typically begins in March of each year:
Registration Period: USCIS opens a 14-day online registration window, usually in the first half of March.
Selection Results: Selected registrants are notified by the end of March.
Petition Filing Window: Selected employers may file H-1B petitions from April 1 through June 30.
The employment start date for selected individuals is October 1, the start of the new fiscal year.
Navigating the H-1B cap process can be complex. Here are some legal strategies to improve your chances:
Employers must submit an online registration for each foreign national they seek to sponsor. Each registration includes basic information about the employer and the beneficiary.
If USCIS receives more registrations than available slots, it conducts two lotteries:
The first lottery selects 65,000 regular cap cases.
The second lottery selects an additional 20,000 cases from those with U.S. master's degrees.
Selected registrants are notified through the USCIS portal and invited to submit a complete H-1B petition
Important Tip:
Each foreign national may only be registered once per fiscal year. Multiple registrations for the same individual by the same employer are prohibited.
Not all H-1B petitions are subject to the cap. The following are cap-exempt categories:
Institutions of higher education (e.g., universities)
Nonprofit organizations affiliated with higher education institutions
Nonprofit research organizations or governmental research entities
Employers in these categories can file H-1B petitions year-round without going through the lottery.
USCIS has implemented several changes to improve the integrity and efficiency of the lottery:
Beneficiary-Centric Selection (FY 2025): Instead of selecting by registration, USCIS now selects unique beneficiaries, reducing the impact of multiple registrations by affiliated companies.
Required Passport Information: Registrants must now include a valid passport or travel document number during registration to help prevent fraud.
These updates aim to ensure a fairer process and prevent the gaming of the system.
Navigating the H-1B cap process can be complex. Here are some legal strategies to improve your chances:
Explore Cap-Exempt Opportunities: Consider employment with qualifying nonprofit or academic institutions.
Early Preparation: Start collecting documents, verifying job offers, and ensuring eligibility well before the registration window opens.
Work with an Immigration Attorney: Legal guidance can help ensure your registration is valid and your petition is properly filed if selected.
The H-1B visa is often a gateway to long-term employment, career growth, and potential green card opportunities. With only 85,000 visas available each year and hundreds of thousands of applicants, understanding the lottery system is essential for employers and foreign professionals alike.
If you're not selected, you cannot file an H-1B petition for that fiscal year. You may consider other visa options like O-1, L-1, or try again the following year. Employers can also explore cap-exempt positions.
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