The H-1B visa allows U.S. employers to hire foreign professionals in specialty occupations requiring at least a bachelor's degree or equivalent. Because annual demand far exceeds the combined annual allocation of approximately 85,000 new H-1B visas (65,000 under the statutory regular cap plus 20,000 under the advanced-degree exemption), USCIS uses a lottery to select which registrations may proceed to full petition filing. This guide covers the complete FY2026 H-1B lottery cycle from registration through petition filing, explains how to check selection status, breaks down costs and deadlines, and outlines next steps whether selected or not, including major rule changes now affecting the program.
The FY2026 cap season followed the electronic registration process that USCIS first implemented in March 2020 (for the FY2021 cap season). Each phase carried specific deadlines. Missing any window meant waiting a full year to try again.
USCIS opened the FY2026 initial registration period on March 7, 2025, at noon Eastern and closed it on March 24, 2025, at noon Eastern. During this window, employers (or their authorized representatives) submitted electronic registrations through organizational accounts on the myUSCIS portal. Each registration required basic information about both the employer and the prospective beneficiary, including passport or travel document details.
The registration fee for FY2026 was $215 per beneficiary, a substantial increase from the $10 fee last charged during the FY2025 registration period in March 2024 (replaced by $215 under the fee schedule rule effective April 1, 2024, first applied during the FY2026 registration period in March 2025). This fee was non-refundable regardless of lottery outcome.
FY2026 beneficiary-centric selection, first introduced for FY2025, meant each beneficiary could only be entered into the lottery once regardless of how many employers registered them. This eliminated the practice of submitting multiple registrations for the same worker through different entities. The result: average registrations per beneficiary dropped to just 1.01 in FY2026.
USCIS completed the initial random selection on March 31, 2025, with notifications sent in batches through approximately March 31. The agency reported the following FY2026 statistics:
Under the beneficiary-centric selection system, the selection rate rose from approximately 29% in FY2025 to 35.3% in FY2026. (By comparison, the FY2024 selection rate under the prior registration-based system was approximately 24.8%, though the two methodologies are not directly comparable due to FY2024's inflated denominator from duplicate registrations.)
The selection ran in two sequential rounds. First, all registered beneficiaries entered the general pool for the 65,000 regular cap (effectively 58,200 after the 6,800 set-aside for H-1B1 visas from Chile and Singapore, though unused H-1B1 numbers roll back into the regular pool). Then, beneficiaries with U.S. master's degrees or higher who were not selected in the first round entered a separate draw for the additional 20,000 advanced degree exemption slots. This structure gave U.S. advanced degree holders two chances at selection.
No second round was needed. On July 18, 2025, USCIS announced that it had received sufficient petitions from the initial selection to fill the cap. This contrasted with FY2024, which required a second selection round of 77,600 additional registrations, and FY2025, which required 14,534 additional registrations (representing 13,607 unique beneficiaries).
Selected registrants had a 90-day window from April 1 to June 30, 2025, to submit complete H-1B petitions (Form I-129) to USCIS. Due to technical issues on the final filing day, USCIS extended the online filing deadline to 7:30 p.m. EDT on July 1, 2025, for electronic submissions only. Paper filings were not included in this extension.
Lottery results were only accessible through the myUSCIS organizational account system at my.uscis.gov. The employer or representative who submitted the registration must log in using their organizational credentials. Individual beneficiaries could not check results independently unless they had been granted account access.
Each registration displayed one of these statuses:
Note: The general USCIS case status tracker at egov.uscis.gov/casestatus is not used for lottery results. That tool only tracks filed petitions after USCIS assigns a receipt number, which happens once Form I-129 is submitted and accepted during the filing window.
Once a selected registrant files Form I-129, USCIS issues a receipt notice (Form I-797C) containing a unique 13-character receipt number. The prefix indicates the processing service center: SRC (Texas), EAC (Vermont), WAC (California), LIN (Nebraska), or MSC (National Benefits Center). Petitions filed online receive an IOE prefix. Processing times are published by USCIS and are available at egov.uscis.gov/processing-times.
Common petition statuses and their meaning:
Pro tip: Setting up a USCIS online account at my.uscis.gov enables automatic email and text notifications about status changes.
A complete H-1B petition package requires documentation from both the employer and the employee. Missing any required element can result in rejection or a Request for Evidence that delays processing.
Alma's H-1B platform simplifies the petition process for both employers and employees. Once selected in the lottery, Alma's attorneys prepare and file the complete I-129 petition package, including LCA filing, document organization, and legal review. Alma's H-1B legal fees are $500 for lottery registration and $3,500 for cap or cap-exempt filings. Every case includes RFE responses, administrative costs such as FedEx, printing, copying, and postage, and up to 3 consultation calls per matter. For businesses managing multiple employees, volume discounts and monthly pricing models are available.
The fee structure for FY2026 cap-subject petitions reflects the April 1, 2024, USCIS Fee Schedule Rule, which introduced the Asylum Program Fee and restructured several existing fees. Under DOL regulations, mandatory government filing fees are generally the employer's responsibility.
Note: Nonprofit organizations qualifying under IRC § 501(c)(3), (c)(4), or (c)(6) are exempt from the Asylum Program Fee. The ACWIA training fee exemption applies under INA § 214(c)(9)(A) to: institutions of higher education; nonprofits related to or affiliated with institutions of higher education; nonprofit research organizations; governmental research organizations; primary or secondary educational institutions; and nonprofit entities engaged in established curriculum-related clinical training of students. A general nonprofit outside these categories is not exempt from the ACWIA fee. The fraud prevention fee applies to initial petitions and change-of-employer petitions, not same-employer extensions.
Three significant regulatory changes define the current H-1B landscape.
Published in the Federal Register on February 2, 2024, this rule changed the lottery from selecting registrations to selecting unique beneficiaries. Each person enters the lottery once regardless of how many employers register them. The practical impact has been significant: total eligible registrations fell from approximately 758,994 in FY2024 to 343,981 in FY2026, and the FY2026 selection rate of 35.3% represented a marked increase from FY2025's approximately 29%.
The DHS Final Rule brought the most comprehensive H-1B overhaul in years. Key provisions include:
DHS published a final rule replacing the random lottery with a wage-tiered system starting with FY2027. Registrations receive lottery entries based on the offered wage's Occupational Employment and Wage Statistics (OEWS) level: Level IV positions receive 4 entries, Level III gets 3, Level II gets 2, and Level I gets 1. Employers must now provide SOC codes, intended employment areas, and wage levels at the registration stage. This means entry-level (Level I) positions face significantly reduced selection odds compared to the prior random system.
Looking ahead to FY2027: The wage-weighted system will substantially change H-1B lottery dynamics. Alma's team can provide information on how the new system affects workforce planning.
On September 19, 2025, the Department of Labor launched Project Firewall, the first time the Secretary of Labor personally certified H-1B investigations based on reasonable cause, without requiring a formal worker complaint. By November 2025, DOL reported at least 175 ongoing investigations and had assessed $15 million in back wages owed to workers. Common violations included paying below the LCA-attested wage, listing fictitious worksites, and withholding pay during unproductive periods ("benching"). USCIS simultaneously expanded its own enforcement through increased site visits and petition revocations.
For the approximately 217,000 unique beneficiaries not selected in FY2026, several alternatives exist depending on qualifications and circumstances.
O-1A Visa (Extraordinary Ability): The O-1A has no annual cap and no lottery requirement. It requires demonstrating extraordinary ability through evidence such as awards, published research, patents, high salary, or significant contributions. Tech professionals with strong GitHub portfolios, publications, or industry recognition are increasingly qualifying. Alma's O-1A attorneys can assess eligibility.
EB-2 National Interest Waiver: The EB-2 NIW provides a direct path to a green card without employer sponsorship or PERM labor certification. If the applicant's work has substantial merit and national importance, the applicant is well-positioned to advance the proposed endeavor, and it would be beneficial to the United States to waive the job offer requirement, they can self-petition. As a direct path to a green card, the EB-2 NIW is entirely independent of the H-1B lottery and its six-year time limit. See Alma's EB-2 NIW visa guide for a detailed breakdown.
Cap-Exempt Employment: Certain employers are exempt from the H-1B numerical cap and can file petitions year-round without the lottery. These include institutions of higher education, nonprofit entities related to or affiliated with universities (including university hospitals), nonprofit research organizations where research is a "fundamental activity," and government research organizations. Under the 2025 Modernization Rule, this category was broadened and now also covers remote work performed for qualifying institutions.
L-1 Intracompany Transfer: For employees of multinational companies, the L-1 visa allows transfer to a U.S. office after one continuous year of employment abroad within the preceding three years. There is no annual cap and no lottery.
TN Visa: Canadian and Mexican nationals can work in the U.S. in designated professional occupations without a cap or lottery. The TN is renewable indefinitely in three-year increments, though it does not directly lead to permanent residency.
STEM OPT Extension: F-1 students in STEM fields can extend Optional Practical Training by 24 months (36 months total), providing continued work authorization while pursuing the H-1B lottery in future years.
Re-registering for FY2027: The FY2027 registration period ran from March 4 (noon Eastern) to March 19 (5:00 p.m. Eastern), 2026. However, the new wage-weighted lottery system means selection odds now depend heavily on offered wage level, with Level I positions at a significant disadvantage.
Read success stories from Alma's clients across industries
Alma's technology-enabled platform streamlines every step of the H-1B process for both employers and employees.
Platform-driven efficiency: Alma's system automates LCA preparation, document collection, and form population, reducing errors and turnaround time. Employees upload documents directly into a secure portal. Attorneys review and finalize everything with real-time collaboration.
Transparent, flat-fee pricing: Alma's per-visa pricing covers attorney fees, RFE responses, administrative costs, and consultation calls with no hidden hourly charges. For businesses managing multiple employees, volume discounts and monthly pricing models are available.
Dedicated attorney access: Every case is handled by a dedicated attorney who knows the case from start to finish. Bi-weekly status calls are included for Growth and Enterprise clients.
Schedule a consultation to discuss an H-1B case or explore alternative visa options with an experienced attorney.
Log into the myUSCIS organizational account at my.uscis.gov using the credentials of the employer or representative who submitted the registration. Each registration will show a status of "Selected," "Not Selected," "Submitted," "Denied," "Invalidated," or "Deleted." The general USCIS case status tool does not display lottery results. If the employer or their attorney submitted the registration, the beneficiary can ask them to check and share the result. Individual beneficiaries cannot check results unless they have direct account access.
When USCIS issues an RFE, the petitioner receives a written notice specifying what additional evidence is needed and a response deadline (typically 84 days, or 87 days when served by mail). Common RFE topics include specialty occupation challenges, employer-employee relationship questions (especially for third-party placements), wage level concerns, and beneficiary qualification issues. If premium processing was filed, the 15-business-day clock stops when the RFE is issued and resets to a new full 15-business-day period when USCIS receives the response. Receiving an RFE does not mean the case will be denied.
Yes. Premium processing is available for all H-1B petitions by filing Form I-907. The fee was $2,805 for petitions postmarked before March 1, 2026, and increased to $2,965 for petitions postmarked on or after that date. Premium processing means USCIS will take action on the petition (approval, denial, RFE, NOID, or opening a fraud investigation) within 15 business days. Form I-907 can be filed concurrently with the I-129 or submitted after receiving the receipt notice. Premium processing speeds USCIS adjudication but does not influence the outcome.
Presidential Proclamation 10973, effective September 21, 2025, requires employers to pay a $100,000 supplemental fee when filing a new H-1B petition for a beneficiary who is outside the United States and does not hold a current, valid H-1B visa. This payment is made through pay.gov before filing. The fee does not apply to change-of-status petitions for beneficiaries currently in the U.S. in valid nonimmigrant status (such as F-1 to H-1B transitions), same-employer extensions or amendments for current H-1B holders in the U.S., or petitions filed before September 21, 2025. The proclamation is set to expire September 21, 2026, unless extended. Multiple legal challenges were filed in October 2025, with at least one federal court subsequently upholding the fee.
Options depend on qualifications and timeline. Re-registering for FY2027 is available, but the new wage-weighted lottery means odds depend on offered wage level. Level I positions have significantly lower selection chances than before. Those with strong qualifications may find lottery-free options like the O-1A visa or EB-2 NIW worth exploring. F-1 students may consider the STEM OPT extension for continued work authorization while pursuing alternatives. Cap-exempt employers (universities, nonprofit research organizations) can file H-1B petitions at any time without the lottery. Alma's attorneys can evaluate specific situations and outline available options.
