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Understanding the H-1B Lottery Process and Its Impact on Immigration

  • Writer: Jeffrey Olsen, Esq.
    Jeffrey Olsen, Esq.
  • Mar 11
  • 2 min read

The H-1B visa program allows U.S. employers to hire foreign workers in specialty occupations. Each year, thousands of skilled professionals from around the world apply for this visa, but the demand far exceeds the supply. To manage this, the U.S. Citizenship and Immigration Services (USCIS) uses a lottery system. This post explains how the H-1B lottery works, why it matters, and what it means for immigrants and employers.



Eye-level view of a computer screen displaying H-1B visa application form
H-1B visas are subject to a lottery system.


What Is the H-1B Visa?


The H-1B visa allows U.S. companies to employ foreign workers in jobs that require specialized knowledge and at least a bachelor's degree or equivalent. Common fields include technology, engineering, medicine, and finance. The visa is typically granted for up to three years and can be extended for a total of six years. However, the number of H-1B visas issued annually is capped by law, which leads to the need for a lottery system.


Why Does the H-1B Lottery Exist?


The U.S. government limits the number of new H-1B visas to 85,000 per fiscal year. This includes:


  • 65,000 visas under the regular cap

  • 20,000 additional visas for applicants with a U.S. master's degree or higher


Each year, the number of applications exceeds this cap, sometimes by more than double. To fairly allocate the limited visas, USCIS runs a random lottery. For example, in Fiscal Year 2026, there were 343,981eligible H-1B registrations per USCIS.


How the H-1B Lottery Works


The lottery process begins with employers submitting petitions on behalf of prospective employees during a specific filing window, usually starting in March. For this year, the window is open until Noon E.T. on March 19th.


If you are interested in pursuing an H-1B visa, please do not hesitate to contact me. Whether you are an employer located locally at the shore in New Jersey, New York City, Philadelphia or elsewhere in the U.S., my office can assist you.


Here’s how the lottery unfolds:


  1. Registration Phase: Employers submit electronic registrations for each candidate.

  2. Random Selection: USCIS randomly selects enough registrations to meet the visa cap.

  3. Petition Filing: Selected registrants are invited to file full visa petitions.

  4. Adjudication: USCIS reviews petitions and approves or denies them based on eligibility.


The lottery is conducted in two stages:


  • First, USCIS selects 20,000 registrations from the advanced degree pool.

  • Then, it selects 65,000 registrations from the remaining pool, including those not selected in the first round.


This two-step process gives applicants with advanced degrees a better chance.


If you have any questions about H-1B Visas or any immigration matters, please do not hesitate to contact my office to schedule a free consultation.



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The information in this blog is provided solely for informational purposes. The information provided is not intended to create an attorney-client relationship and shall not be construed as legal advice on any specific matter. Each legal matter is unique and requires an analysis based on the particular circumstances. As a result, the information provided here may not be applicable in every situation, including your situation, and action should not be taken based on this information without seeking specific legal advice based on particular circumstances. Results may vary depending on your particular facts and legal circumstance.


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