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Each year, U.S. Citizenship and Immigration Services (USCIS) conducts a lottery to determine which foreign workers may apply for a cap-subject H-1B work visa. The lottery process exists because federal law “caps” the number of new H-1B visas available each fiscal year, and demand consistently exceeds those limits.

The Registration and Lottery Process

USCIS opens a short online registration period—typically a two-week window in March—during which a U.S. employer submits an electronic registration for the specific worker they intend to hire.

After the registration window closes, USCIS conducts a random lottery. If a worker’s registration is selected, the employer may then file a full H-1B petition on that worker’s behalf. Selection in the lottery does not guarantee H-1B approval; it simply makes the worker eligible for filing a petition.

Although the exact dates change year to year, once USCIS announces the window for registration and filing, the deadlines are strict.

Who Is Subject to the H-1B Cap Lottery?

Most U.S. employers seeking to hire foreign professionals for “specialty occupations”—positions requiring at least a bachelor’s degree or equivalent—are subject to the H-1B cap. To begin the process, the employer must have a bona fide job offer for the specific worker they intend to register.

Who Is Exempt from the H-1B Cap Lottery?

Some employers and positions are cap-exempt, meaning they can file H-1B petitions at any time without participating in the lottery. Cap-exempt employers generally include:

• Universities and colleges
• Nonprofit organizations affiliated with institutions of higher education
• Nonprofit or governmental research organizations

Workers employed by these institutions—or those moving between qualifying cap-exempt employers—remain exempt from the cap.

What the “cap” Means

The “cap” is the statutory limit on new H-1B visas per year. USCIS cannot approve more new cap-subject H-1B petitions than Congress authorizes. There are two primary categories:

• Regular Cap: Up to 65,000 new H-1B visas per fiscal year for individuals with at least a bachelor’s degree (or equivalent experience).
• Master’s Cap: An additional 20,000 H-1B visas for individuals who hold a U.S. master’s degree or higher.

Together, this provides approximately 85,000 new H-1B visas each year. Once these numbers are reached, no further cap-subject H-1B approvals can be issued until the next year.

Boudia Immigration Law can assist you with every step of the H-1B cap registration and lottery process. Our team will guide you through preparing and submitting your online registration with USCIS, ensuring all required information is complete, accurate, and submitted on time.

If your registration is selected, we will work closely with you to prepare a strong, well-supported H-1B petition. We focus on clear documentation, detailed legal analysis, and proactive communication to give your case the best chance of approval.

From initial strategy to final filing, our goal is to make the process as smooth, compliant, and stress-free as possible— from start to finish.