USCIS confirmed the initial registration period for the fiscal year 2026 H-1B lottery will open at 12:00 PM (EST) on March 7, 2025 and run through 12:00 PM (EST) on March 24, 2025. During this period, U.S. employers and their representatives must use a USCIS online account to register each applicant electronically for the selection process and pay the associated registration fee of $215.
Next Steps for U.S. Employers:
- U.S. employers should immediately assess whether any current or prospective foreign national employees may require H-1B visa sponsorship to secure ongoing work authorization and work with immigration counsel to prepare an electronic registration. This may be a desirable option for employees holding temporary or less stable status (e.g., F-1, DACA, TPS, TN).
- U.S. employers should determine who will be the administrators of the company’s USCIS online registration account. This system can be complex and employers should work closely with their immigration counsel to carefully plan in advance before upgrading or creating new USCIS online accounts.
H-1B Cap Registration Timeline for FY 2026 Lottery
- March 7, 2025 (noon EST) – FY 2026 H-1B cap registration opens.
- March 24, 2025 (noon EST) – FY 2026 H-1B cap registration closes.
- March 24-31, 2025 – USCIS holds H-1B lottery and notifies employers of selections.
- April 1, 2025 – Employers can begin filing H-1B cap petitions for selected beneficiaries.
What is the H-1B Lottery?
The H-1B visa classification allows foreign nationals to work in the U.S. in a “specialty occupation” (i.e., a position that typically requires a bachelor’s degree or its equivalent). The statutory cap for the number of H-1B visas available is 65,000, with an additional 20,000 visas available for foreign nationals with an advanced degree from a U.S. academic institution. In recent years, the annual demand for H-1B visas has significantly outpaced their availability. Therefore, USCIS conducts a lottery around the end of March for the upcoming fiscal year’s H-1B quota. In 2024, there were 470,342 eligible registrations for the 85,000 available visas.
As such, if you want to proceed with an H-1B petition, the foreign national (unless otherwise exempt) must first be randomly selected in the annual H-1B lottery. If selected from the pool of registrants, there will be a designated period of time to file an H-1B petition on their behalf. Upon approval of the H-1B petition, the foreign national may generally begin working in their U.S. position on October 1 of the fiscal year.
Who is subject to the H-1B Quota?
Not all foreign nationals are subject to the H-1B quota. For example, many H-1B employees currently employed by U.S. companies may have already been counted against the quota and will not need to be counted again. Other foreign nationals may be “cap-exempt” if the U.S. employer meets the definition of one of the following under the H-1B regulations:
- An institution of higher education;
- An affiliated or related nonprofit entity of an institution of higher education;
- A nonprofit research organization;
- A governmental research organization;
- A primary or secondary education institution; or
- A nonprofit entity which engages in an established curriculum-related clinical training of students registered at an institution of higher education.
Prospective or current employees who may be subject to the H-1B quota include:
- Current foreign students or recent graduates working under authorized F-1 Optional Practical Training (OPT).
- Foreign nationals in or outside the U.S. who are not already employed in H-1B status by a for-profit employer.
- Current H-1B employees at universities who seek new employment by for-profit companies.
- Foreign nationals who have already been counted against an H-1B cap in the past, but who have been abroad for at least 1 year and are seeking a new 6-year period in H-1B status with a cap-subject employer.
Additional Information
Please contact any member of our Immigration Practice Group if you have any questions regarding the H-1B lottery right away.