ANNUAL H-1B CAP LOTTERY REGISTRATION FOR FY2026 EMPLOYERS URGED TO TAKE EARLY ACTION
The USCIS FY2026 H-1B cap-subject lottery will be held in March 2025. The OGC Immigration Team requests that you provide us with all of your H-1B cap nominations by February 7, 2025, if you have not already done so.
U.S. businesses rely on the H-1B visa program to temporarily employ professional foreign workers in specialty occupations that require theoretical or technical expertise that is normally associated with the attainment of at least a bachelor's degree in a specialty field related to the occupation. USCIS approves up to 85,000 H-1B cap-subject petitions each year, out of which 20,000 are reserved for individuals who have earned a U.S. Master's or higher degree. Since 2014, USCIS has received well over 85,000 H-1B cap requests each year and, consequently, has resorted to a lottery system for allocating approvals.
In 2020, USCIS implemented substantial revisions to the lottery selection process by creating a preliminary electronic registration process. Although USCIS has yet to officially announce details about the FY2026 selection process, we expect that that it will remain substantially the same as last year. Below is a general anticipated timeline for the FY2026 H-1B cap lottery season, which is subject to change pending further announcements from USCIS.
- The FY2026 H-1B cap lottery registration will likely run for several weeks in March 2025. During this time, employers (or their attorneys) may register each H-1B candidate they wish to sponsor for an H-1B cap-subject visa via a USCIS online portal. An employer may submit only one registration per H-1B candidate. Employers must pay a $215 registration fee for each candidate and provide basic biographical information about the candidate. (This fee represents a significant increase from the $10 fee imposed in prior years.)
- Assuming that at least 85,000 H-1B registrations are submitted by lottery closing date, USCIS will conduct a computer-generated lottery sometime in late March (USCIS reserves the right to conduct additional lottery selections if the 85,000 threshold is not met).
- If an employee is selected in the lottery, the employer will then have 90 days to prepare and submit a completed H-1B petition to USCIS by mail.
- Employees for whom H-1B petitions are approved will be granted H-1B start dates effective no earlier than October 1, 2025.
The OGC Immigration Team recommends the following action items and timeline to most effectively handle your FY2026 H- 1B cap-subject cases:
- January 2025 to February 7, 2025– Employers should provide the OGC Immigration Team with the names and contact information of all H-1B candidate employees via email. Timely nominations will be appreciated to ensure that we can complete the necessary preliminary legal analysis and administrative work prior to the opening of the registration period.
- February 2025 into early March 2025 – The OGC Immigration Team will send questionnaires and document collection lists to all nominated employees via our secure Tracker web portal. We ask that nominated employees complete the questionnaires and provide all requested documents within 5 business days, and that employers encourage their sponsored employees to provide complete and timely responses to any requests from the OGC Immigration Team. During this same timeframe, the OGC Immigration Team will also request required information about the company and H-1B position from employers. In addition, we will assist employers with the creation of H-1B registrant accounts on the designated USCIS online portal.
- Early March 2025 until the lottery closing date (to be announced) – The OGC Immigration Team will submit an online USCIS registration form for each nominated and qualified employee and will pay the associated registration fee(s) on behalf of clients. USCIS does not give preference to registrations filed early in the registration as opposed to later.
- Late March 2025 – If a lottery is required, as we expect that it will be, USCIS will conduct and announce the results of the computer-generated lottery. The OGC Immigration Team will report the lottery results to all sponsoring employers via email as soon as we learn of selections.
- April 2025 – The OGC Immigration Team will reach out to all employers and sponsored employees selected in the lottery to collect any additional documents and information required and will prepare complete H-1B petitions for submission to USCIS within the 90-day timeframe.
Important Considerations:
- The online registration form will contain an attestation from the sponsoring employer that it intends to submit a complete H-1B petition for each employee selected in the lottery. Therefore, we will work with employers to carefully screen potential H-1B candidates to ensure that they are eligible for H-1B classification prior to submitting the registration form.
- Outside GC's Immigration Team will gather and review significant documentation from employers and their H-1B candidates prior to the registration period so that we are prepared to complete H-1B petitions as efficiently as possible following lottery selections.
- F-1 OPT Employees – Employers must pay particular attention to H-1B candidates currently working in F-1 status with approved Optional Practical Training (“OPT”) or STEM OPT that expires from April to July 2025. Employers will need to prioritize preparation and filing of petitions on behalf of these impacted employees if they are selected in the lottery to ensure continued work authorization.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
