- Selection rates improved dramatically to 35.3% in FY 2026 – Registration volume decreased by 26.9%, creating the most favorable lottery odds in recent years for employers using H-1B visa services
- 85,000 annual cap remains unchanged – Despite overwhelming demand, Congress maintains strict numerical limits of 65,000 regular cap plus 20,000 for U.S. master's degree holders
- Beneficiary-centric selection eliminates gaming advantage – USCIS policy changes significantly reduced fraud, creating fairer lottery conditions where expert guidance from immigration attorneys matters more than multiple registrations
- Denial rates remain historically low at 3.5% – Proper petition preparation through experienced counsel ensures approval rates above 96%, with Alma's attorney-led approach achieving 99%+ approval
- Cap-exempt pathways available year-round – Universities, nonprofit research organizations, and affiliated entities can file anytime without lottery participation
- Tech sector dominates with 65% of positions – Computer-related occupations represent the majority of approvals with median salaries of $123,600
Comprehensive data compiled from USCIS official reports, employment databases, and immigration policy research
Annual Cap Structure and Numerical Limits
The H-1B program operates under strict congressional mandates that create intense competition for limited spots. Understanding these numerical constraints helps employers plan strategic filing approaches and evaluate alternative pathways.
1. The annual H-1B cap remains fixed at 85,000 total visas, divided into 65,000 for the regular cap and 20,000 for beneficiaries with U.S. master's degrees or higher. This cap has remained unchanged for years despite exponential growth in demand. Employers competing for these slots need experienced counsel to maximize approval chances. Alma's H-1B filing services at $3,500 include comprehensive petition preparation with guaranteed 2-week document turnaround, ensuring timely submissions when selection occurs.
2. Cap-exempt employers face no numerical limitations and can file year-round. Institutions of higher education, nonprofit research organizations, and government research entities enjoy unrestricted H-1B filing capabilities. This exemption provides significant hiring advantages for qualifying organizations. Companies can also leverage cap-exempt status through university affiliations or contractor arrangements with qualifying entities.
Lottery Selection Rates and Registration Trends
Recent policy changes and shifting registration volumes have created dynamic lottery conditions that directly impact employer success rates. These statistics reveal critical trends for strategic planning.
3. FY 2025 received 479,953 total registrations with 470,342 deemed eligible for the lottery. This massive volume meant only about 1 in 5 registrations received selection, creating intense competition. The overwhelming demand underscores why proper preparation matters—employers can't afford petition mistakes when lottery odds are this challenging. Alma's platform includes built-in compliance checks and attorney review to prevent costly errors.
4. Selection rates for FY 2025 reached approximately 29% overall, meaning roughly 4 out of 5 registrations failed to receive selection. This low probability requires employers to maintain backup hiring plans and consider alternative visa categories. For companies with urgent talent needs, Alma offers O-1A visa services at $8,000 as a cap-exempt alternative that bypasses lottery uncertainty entirely.
5. FY 2026 saw registration volume decrease 26.9% to 343,981 eligible entries. This substantial decline improved selection odds considerably compared to the previous year. The decrease likely reflects USCIS's beneficiary-centric selection process deterring fraudulent multiple registrations. Employers who maintain consistent filing practices benefit most from these improved conditions.
6. Selection rates improved to 35.3% in FY 2026, marking the most favorable lottery odds in recent years. This 13.5 percentage point improvement from FY 2025 gives legitimate single-employer registrations significantly better chances. Companies using immigration platforms like Alma can track these trends and adjust hiring timelines accordingly through real-time analytics dashboards.
Policy Changes and Fraud Prevention
USCIS implemented major procedural reforms that fundamentally changed lottery dynamics, eliminating advantages from registration manipulation while improving fairness for compliant employers.
7. Beneficiary-centric selection reduced multiple registration attempts significantly. USCIS reported "far fewer attempts to gain an unfair advantage" in FY 2025 compared to prior years due to the new selection methodology. Under this system, each unique beneficiary enters only once regardless of how many employers submit registrations. This levels the playing field for companies that play by the rules.
The reform means employers can no longer boost odds through coordinated multi-company registrations. Success now depends on petition quality rather than gaming the system—an advantage for companies using expert legal counsel. Alma's attorney-led approach ensures petitions meet all USCIS requirements while the platform's compliance tools prevent technical errors that could jeopardize cases.
Approval Rates and Petition Success
While lottery selection remains competitive, approval rates for properly prepared petitions stay consistently high. These statistics demonstrate the importance of quality legal representation.
8. Denial rates were at 3.5% for initial employment in FY 2023, up slightly from 2.2% in FY 2022 but remaining historically low. This 96.5% approval rate for properly filed petitions means the real challenge is lottery selection, not petition adjudication. Employers who receive selection can feel confident that expert preparation yields approval.
Alma maintains a 99%+ approval rate across all visa categories by combining experienced immigration attorneys with technology-enabled quality controls. The platform's automated compliance checks catch common errors before submission while attorneys ensure legal arguments meet current USCIS standards.
9. Denial rates fluctuated dramatically between administrations, ranging from 2.2% in FY 2022 to 24% in FY 2018. This volatility reflects changing enforcement priorities that make professional guidance essential. Companies need counsel who understand current adjudication trends and can adapt petition strategies accordingly—capabilities built into Alma's attorney-led model.
Industry Distribution and Employer Patterns
H-1B usage concentrates heavily in specific sectors and among certain employers, revealing patterns that inform strategic hiring decisions.
10. Computer-related occupations represent 65% of all H-1B positions with median salaries of $123,600 in FY 2023. This overwhelming tech sector dominance reflects critical shortages in software engineering, data science, and related specialties. Technology companies benefit most from H-1B access, making efficient immigration processes business-critical. Alma's startup immigration plan specifically addresses tech company needs with fast turnarounds and flat-rate pricing.
11. Indian nationals account for 71% of H-1B approvals in FY 2024, totaling 283,397 beneficiaries. This concentration reflects both population scale and strong representation in technology fields where H-1B demand peaks. Employers recruiting from global talent markets can leverage Alma's experience handling diverse nationality cases and understanding country-specific documentation requirements.
12. California accounts for the largest share of certified H-1B positions in DOL LCA data with 80,190 approved positions and average salaries of $159,592. This geographic concentration in tech hubs means California employers face intense competition for H-1B slots. Companies in high-cost markets need counsel familiar with prevailing wage determinations and Labor Condition Applications specific to their regions—expertise Alma provides through its nationwide attorney network.
13. The top 30 employers account for 27% of approved petitions despite representing only 0.06% of participating employers. This concentration shows how established programs at major corporations dominate H-1B usage. However, small and medium-sized companies can compete effectively with expert guidance, proper wage determinations, and well-documented specialty occupation cases—areas where Alma's flat-rate pricing ($3,500 for H-1B cap petitions) makes professional representation accessible.
Green Card Transition Pathways
Many H-1B holders pursue permanent residency, making the visa a stepping stone to long-term employment authorization. Understanding these transition statistics helps employers plan comprehensive immigration strategies.
H-1B status provides 3 years of initial validity with 3-year extensions available, giving employers up to 6 years to complete the green card process. Many companies file PERM labor certifications and I-140 immigrant petitions while employees hold H-1B status, allowing H-1B extensions beyond 6 years once I-140s receive approval.
Alma offers integrated H-1B to green card pathways with PERM filing at $8,000 and I-140 petitions at $4,000. The platform tracks expiration dates, triggers automatic filing reminders, and maintains compliance documentation for both temporary and permanent immigration processes. This comprehensive approach prevents gaps in employment authorization while permanent residency processes through years-long backlogs.
For certain individuals, EB-2 NIW provides an alternative pathway without labor certification requirements. Alma's EB-2 NIW service at $10,000 ($7,000 with approved O-1) allows self-petitioning without employer sponsorship—particularly valuable for entrepreneurs and researchers.
Cost Considerations and Fee Structures
Recent USCIS fee adjustments have altered H-1B program economics, requiring employers to carefully evaluate the total cost of international hiring.
The 2024 USCIS fee rule established the following H-1B petition fees: The base I-129 H-1B filing fee is $780, with an additional $600 Asylum Program Fee (reduced or waived for certain employers). Employers also pay the ACWIA fee of $750 for companies with 25 or fewer employees or $1,500 for larger companies. A $500 Fraud Prevention and Detection Fee applies to initial H-1B petitions and certain changes of employer. H-1B-dependent employers or those who have committed certain violations pay an additional Public Law 114-113 fee of $4,000. The electronic registration fee increases to $215 starting with the FY 2026 cap season. Companies can opt for premium processing at $2,805 for 15-business-day adjudication.
For employers managing H-1B costs, efficient legal services become essential. Alma's transparent flat-rate pricing of $3,500 for H-1B cap petitions and $3,000 for extensions includes all attorney services, platform access, and administrative costs. No surprise bills or hourly rate uncertainty—just predictable immigration budgets that CFOs can plan around.
The combination of USCIS filing fees and legal services creates substantial per-employee costs. Companies managing multiple cases benefit from Alma's business platform which provides spend projections, approval trend analytics, and real-time budget tracking across entire foreign national populations.
Frequently Asked Questions
FY 2026 selection rates improved to 35.3%, meaning roughly 1 in 3 registrations receive selection. This represents significantly better odds than FY 2025's 29% rate. Companies should still maintain backup plans given that nearly two-thirds of registrations still fail selection. Alma's consultation services help evaluate alternative visa categories like O-1A or L-1 when lottery selection doesn't occur.
With denial rates at only 3.5%, proper petition preparation virtually guarantees approval. Working with experienced immigration attorneys ensures specialty occupation requirements are well-documented, wage levels meet prevailing wage standards, and all USCIS requirements are satisfied. Alma's 99%+ approval rate stems from attorney-led petition development combined with platform compliance checks that catch errors before filing.
Yes—cap-exempt employers including universities and nonprofit research organizations can file H-1B petitions year-round without lottery participation. Additionally, O-1 visas provide cap-exempt options for individuals with extraordinary ability, while L-1 visas enable international companies to transfer employees to U.S. offices. Alma offers free consultations to evaluate which visa category best fits your situation.
The timeline spans approximately 6-7 months from March registration through October 1 start dates. After lottery selection in late March or April, employers have 90 days to file complete petitions. USCIS then adjudicates cases over 2-4 months, with premium processing available for 15-day decisions.
H-1B status allows 6 years of validity (3 + 3 years), during which employers typically file PERM labor certifications and I-140 immigrant petitions. Once I-140 petitions receive approval, H-1B holders can extend status beyond 6 years while waiting for green card availability. Alma's integrated platform manages both temporary and permanent immigration processes, tracking deadlines across multiple case types and triggering automated filing reminders to prevent authorization gaps.
Pegah Karimabakhsh Asli is an Associate Attorney at Alma, where she advises startups, founders, and enterprise clients on a wide range of employment-based immigration matters. She has extensive experience preparing and filing petitions across key categories, including TN, H-1B, L-1, O-1, EB-1, NIW, and Adjustment of Status (AOS), and provides strategic counsel to clients navigating complex immigration pathways.
Before joining Alma, Pegah worked at Fragomen in Silicon Valley, where she supported multinational corporations and high-growth companies with business immigration strategy and case management.
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