H-1B Visa Lottery: Fiscal Year 2026 Comprehensive Update

The U.S. Citizenship and Immigration Services (USCIS) has officially completed the initial selection process for the Fiscal Year 2026 H-1B visa lottery. This lottery significantly impacts STEM engineers, IT professionals, researchers, and many other specialized workers aiming to advance their careers in the United States by obtaining work authorization under the H-1B category.

Key Details

• Selection Notifications: USCIS has notified employers whose registrations were successfully selected during the lottery process. Beneficiaries who have been selected are now eligible to move forward by filing their official H-1B cap-subject petitions.

• Cap Petition Filing Period: The designated filing window for submitting H-1B cap-subject petitions opens on April 1, 2025, and it will remain available for at least 90 days. Employers must act within this window to ensure timely processing and avoid delays or complications.

• Increased Registration Fee: As of April 1, 2024, the H-1B registration fee experienced a significant increase, rising from $10 to $215 per beneficiary. This increase impacts both employers and applicants, underscoring the importance of accurate preparation and budgeting for the application process.

Next Steps for Lottery Winners

1. Prepare Your Petition: Employers need to compile and submit Form I-129 (Petition for a Nonimmigrant Worker) along with comprehensive documentation and relevant fees. Critical documents required include:

   • Certified Labor Condition Application (LCA), ensuring adherence to wage standards and employment conditions

   • Evidence confirming the specific role as a qualified specialty occupation

   • Detailed proof of beneficiary’s educational background and relevant professional qualifications

   • Official USCIS lottery selection notification

   • Valid passport copy of the beneficiary

   • Employer support letters or statements detailing the position offered and employment terms

2. Track Your Petition Status: Petitioners and applicants should regularly monitor their petition status using the USCIS online portal. Staying informed about the application progress helps in promptly addressing any potential issues or requests from USCIS.

Guidance for Non-selected Applicants

• Explore Alternative Visa Options: Applicants who were not selected should explore alternative visa options. Prominent alternatives include:

  • O-1 Visa: Designed for individuals demonstrating extraordinary ability in sciences, arts, education, business, or athletics.

  • L-1 Visa: Applicable for intracompany transferees, typically employees of multinational companies who are transferring to a U.S. branch, affiliate, or subsidiary.

• Future Opportunities: Non-selected candidates should remain alert for potential additional lottery selection rounds. USCIS may announce additional rounds if all initial cap slots are not fulfilled.

Potential for Additional Selection Rounds

If USCIS does not receive enough petitions during the initial filing period to fully meet the mandated H-1B numerical cap, additional lottery rounds may be conducted. These supplementary rounds can offer renewed opportunities for previously non-selected registrants.

Exemptions from the H-1B Cap

Certain employers are exempt from the annual H-1B numerical cap, allowing them to hire workers without undergoing lottery processes. Understanding these exemptions can provide alternative pathways for eligible candidates. Cap-exempt employers typically include:

• Institutions of Higher Education: Nonprofit colleges or universities, including public and private institutions.

• Nonprofit Entities Affiliated with Institutions of Higher Education: Organizations closely connected and operationally integrated with educational institutions.

• Nonprofit Research Organizations: Entities primarily engaged in conducting fundamental or applied research.

• Government Research Organizations: State and federal government research institutions engaged in scientific and technological research.

Important Considerations

• Labor Condition Application (LCA): Employers must ensure compliance with wage standards and working conditions by submitting an approved LCA from the U.S. Department of Labor.

• Documentation Accuracy: All submitted documentation must be accurate, complete, and verifiable to prevent delays, denials, or additional queries from USCIS.

Understanding these details and thoroughly preparing for the application process can greatly enhance your chances of successful approval for the FY 2026 H-1B visa.