The H-1B Cap and Lottery Explained

The H-1B "cap" is a yearly numerical limit set by Congress on new H-1B specialty-occupation work visas, and most people who want one must go through an electronic registration process followed by a selection (commonly called the "lottery") run by U.S. Citizenship and Immigration Services (USCIS). Employers register candidates online during a short window, pay a registration fee, and USCIS selects enough registrations to fill the cap. This process, its fees, and even the way selections are made have changed more than once in recent years, so this article explains the durable framework and tells you exactly where to check the current details before you or your employer acts.

The two numbers that make up the cap

By law, USCIS may issue a limited number of new H-1B visas each fiscal year:

• The "regular cap" - 65,000 visas a year, a portion of which is also set aside for nationals of certain countries under free-trade agreements.
• The "advanced degree exemption" (often called the master's cap) - an additional 20,000 visas for people who earned a master's degree or higher from a U.S. institution of higher education that is public or nonprofit and properly accredited.

Together these add up to 85,000 new cap-subject H-1B visas per fiscal year. These numbers are set in the Immigration and Nationality Act and generally stay stable, but Congress can change them, so treat them as the current baseline rather than a permanent fact.

Who doesn't need to go through the lottery: cap-exempt employers

Not every H-1B job is subject to the cap or the lottery. Petitions filed by certain employers are "cap-exempt" and can be filed at almost any time of year, without registration or selection:

• Institutions of higher education
• Nonprofit entities related to or affiliated with an institution of higher education
• Nonprofit research organizations
• Governmental research organizations

If you have a job offer from a university, an affiliated nonprofit, or a qualifying research organization, ask whether the position is cap-exempt - it can save you from the uncertainty of the lottery entirely. A worker already counted against the cap in the past can also generally be exempt from being counted again while that earlier cap number remains available, for example when they change or extend their status - your employer or attorney can confirm whether this applies to you.

How electronic registration and selection work

For cap-subject jobs, the process runs roughly like this each year:

1. Registration period. Prospective employers (or their authorized representatives, such as attorneys) create or use a USCIS online account and electronically submit a registration for each candidate they want to sponsor, during a defined registration window that USCIS announces in advance - historically opening in early-to-mid March and lasting a couple of weeks.
2. Registration fee. A non-refundable fee is charged per registration. This fee has increased sharply in recent years, so do not rely on a number you saw in an older article - confirm the current fee on USCIS's H-1B registration page before paying.
3. Selection. If more registrations are received than there are visas available, USCIS selects enough registrations to meet the cap. For years this was a straight random drawing. A federal rule finalized in late 2025 and effective in early 2026 changed the method, beginning with the FY 2027 cap season, to a weighted selection process tied to the wage level offered for the position - registrations associated with higher wage levels are entered into the selection pool more times, increasing (but not guaranteeing) their odds, while lower wage-level offers remain eligible with fewer entries. Because this is a new and legally contested approach, verify with USCIS whether it is still in effect and exactly how it works for the year you're registering in.
4. Notification. Selected registrants are notified through the USCIS online account. Only employers with a selected registration may then file a full H-1B petition for that beneficiary.
5. Petition filing window. Once selected, the employer must file the complete H-1B petition (Form I-129 and supporting evidence) within a filing period USCIS announces - historically at least about 90 days, typically opening around April 1.
6. Possible additional selection rounds. If USCIS does not receive enough approvable petitions during the filing window to fill the cap, it may run one or more additional selection rounds from the remaining registrations later in the year.

The H-1B fiscal year begins October 1, so a worker selected and approved in a given cap season generally cannot start H-1B employment until October 1 of that year, unless they already hold another qualifying status.

Hard deadlines to watch

• The registration window itself is short - typically only two to three weeks - and registrations submitted after it closes are not accepted for that year.
• The petition filing window after selection is also time-limited. Missing it means losing that selection, with no automatic carryover to the next year.
• If you are an F-1 student on Optional Practical Training whose employer is filing an H-1B petition on your behalf, ask your school's international student office about "cap-gap" rules, which can extend your work authorization and status while your H-1B petition is pending - the specifics depend on your OPT and petition timing.

The separate $100,000 payment requirement

In September 2025, a presidential proclamation introduced a new payment - widely reported at $100,000 - tied to certain new H-1B petitions filed for beneficiaries who are outside the United States and do not already hold a valid H-1B visa. Reporting on the proclamation indicates it generally does not apply to H-1B extensions, amendments, or changes of status for people who already have a valid H-1B, but this is a fast-moving area: the requirement has been the subject of multiple lawsuits that have produced conflicting court rulings, and its enforcement status has shifted more than once since it was announced. As of mid-2026 the legal fight was still unresolved, so its future is uncertain. Because the legal status, exceptions, and exact scope of this payment can change quickly, do not assume how - or whether - it applies to a specific case. Check USCIS's official H-1B alerts and FAQ pages, or ask a qualified immigration attorney, before filing or paying anything.

What to do

1. Confirm you have (or can get) an employer willing to sponsor you. Only employers register candidates - workers cannot self-register.
2. Check the current fiscal year's registration dates on USCIS's H-1B Cap Season page well before the window is expected to open, since exact dates shift slightly each year.
3. Confirm the current registration fee and selection method directly on USCIS.gov rather than relying on any fee, timeline, or selection-odds figure you read elsewhere, including in this article.
4. Ask whether your prospective employer is cap-exempt (university, affiliated nonprofit, or qualifying research organization) - if so, the lottery and its deadlines may not apply to you at all.
5. If selected, work with your employer and (if used) their attorney to meet the petition filing deadline - this window is firm and generally does not extend for individual circumstances.
6. If not selected, ask your employer about registering again the following year, exploring a cap-exempt position, or evaluating other visa categories that might fit your situation.

A note on fraud

Because H-1B season is high-stakes and confusing, it also attracts scammers and unauthorized "notarios" or consultants who are not licensed attorneys or DOJ-accredited representatives. Only licensed attorneys and accredited representatives may charge for legal advice or represent you before USCIS. Be especially wary of anyone who guarantees selection in the lottery, charges you personally to "register" you (registration is done by the employer, not the worker), or asks for payment through informal channels.

This article provides general information, not legal advice, and does not create an attorney-client relationship. H-1B rules, fees, and deadlines change frequently - always confirm current requirements on USCIS.gov, and consult a qualified immigration attorney or DOJ-recognized accredited representative for advice about your specific situation.