On March 31, 2025, USCIS announced that it had completed the initial selection process for FY 2026 H-1B cap-subject petitions, marking a crucial milestone in the annual lottery system that governs one of the most sought-after employment-based visas in the United States. The selection rate is significantly higher than last year, which can be attributed to the drastic increase in registration fee from $10 to $215 this year. What should the selected candidates need to do next? And what options remain for those who were not selected in the lottery?
The FY 2026 H-1B Lottery: What Happened?
USCIS has confirmed that the initial registration selection process has concluded, and notifications have been sent to employers and legal representatives via their online accounts. The parties should download the selection notices and safekeep it for filing.
As in previous years, USCIS used a random lottery system to select enough registrations to meet the regular cap (65,000) and the advanced degree exemption (20,000), known as the master’s cap.
Selection Rate for FY 2026?
As of now, USCIS has not released official statistics regarding the number of registrations received or the selection rate for FY 2026. However, unofficial sources mention approximately 30 to 40% selection in this first round. While this figure gives a rough sense of the scale, it should be treated as unconfirmed until USCIS releases formal data. Many of these estimates are based on small sample sizes only.
What Happens Next for Selected Registrants?
If your registration was selected in the FY 2026 lottery, your employer may now file an H-1B cap-subject petition on your behalf during the designated filing period, which typically starts on April 1, 2025 and runs for 90 days. Selected applicants should focus on:
- Gather Supporting Documents – These include academic credentials, work experience documentation, LCA (Labor Condition Application), job offer letter, and more.
- Work with an Immigration Attorney – Ensure all documentation is accurate and complete to avoid RFEs (Requests for Evidence) or denials.
- File Within the Time Window – USCIS will only accept petitions for selected beneficiaries during the specified filing window.
Options for the Unselected
For the many applicants not selected in the first round of the H-1B lottery, all hope is not lost. Here are some potential paths forward:
- Second Round of Lottery: If USCIS does not receive enough H-1B petitions to meet the cap from the first-round selectees, it may conduct a second (or even third) lottery, as it has done in past years. So, maintain access to your registration account and stay in contact with your employer or attorney.
Alternative U.S. Visa Options which include:
- F-1 OPT/CPT Extensions – If you're an F-1 student, STEM OPT extensions may give you more time. CPT can be an option but you must follow the regulations carefully.
- L-1 Visa – For employees of multinational companies, they may consider a transfer to the U.S. This option is only available for executives, higher level managers, and also employees with specialized knowledge.
- O-1 / EB-1A Visa – For individuals with extraordinary ability in science, education, or business, they should definitely purse the O-1 visa and also the EB-1A immigrant visa option.
- TN Visa – For Canadian and Mexican nationals under NAFTA/USMCA, they may also consider applying for a TN visa..
- Cap-Exempt H-1B – Jobs with qualifying nonprofit or academic institutions may be exempt from the cap.
Also think Global Opportunities:
Applicants may consider working for your U.S. employer from abroad while exploring future H-1B or L-1 opportunities, the employer has overseas offices and operations. Also consider company transfers to countries with more flexible immigration policies (e.g., Canada, UK, or Ireland).