H1B Visa Lottery: How H-1B Selection Works Now

Reviewed by: Shruti Bali, Esq.

The H-1B lottery is the selection process USCIS uses to decide which employers may file cap-subject H-1B petitions against the annual limit of 65,000 regular cap numbers plus 20,000 for beneficiaries with a qualifying U.S. master’s degree or higher. In December 2025, DHS published a final rule changing how USCIS selects registrations when demand exceeds the cap: instead of a purely random lottery, USCIS uses a weighted selection in which beneficiaries whose registrations carry higher Occupational Employment and Wage Statistics (OEWS) wage levels receive more entries in the selection pool. The rule states that it applies beginning with the fiscal year 2027 cap season. The registration fee is $215 per beneficiary registration, and each registration is submitted electronically during a registration period that USCIS announces in advance. USCIS publishes the exact opening and closing dates for each registration period before the season begins. Under the regulation, the initial registration period must run at least 14 calendar days, and in recent cap seasons it has opened in early March and ended in the third week of March. Always confirm the current season’s dates on the live USCIS H-1B Electronic Registration Process page, because a registrant cannot submit after the announced closing time unless USCIS formally extends or reopens the period. This guide explains how the lottery works under the current rules, including the weighted selection, the H1B visa registration process, fees, deadlines, and what happens after selection.

What is the H-1B lottery and who must go through it?

An employer generally cannot file a cap-subject H-1B petition unless it first submitted an electronic registration for the beneficiary during the registration period and that beneficiary was selected. Since the FY 2025 cap season, selection has been beneficiary-centric: each unique person is counted once no matter how many employers register them. If a beneficiary is selected, each employer that properly registered that beneficiary receives a selection notice and may file a petition, provided its registration and underlying job offer remain valid and bona fide and the petition independently satisfies all H-1B requirements. The lottery applies only to cap-subject cases. Qualifying petitions for qualifying employment with cap-exempt employers (institutions of higher education, related or affiliated nonprofit entities, and nonprofit or governmental research organizations) may be exempt from the cap and can be filed without registration. Extensions, amendments, and changes of employer for workers already counted against the cap are also not subject to a new lottery, if the beneficiary remains exempt from the numerical limitation under INA 214(g) and 8 CFR 214.2(h).

Key numbers and timing

Confirm the current season’s specific dates on the live USCIS page before relying on them; USCIS announces them each year and they can change.

How the weighted selection process works

Under the December 2025 DHS final rule (Weighted Selection Process for Registrants and Petitioners Seeking To File Cap-Subject H-1B Petitions), when USCIS receives registrations for more unique beneficiaries than needed to reach the cap, it runs a weighted selection instead of a purely random one. The registrant must identify the highest OEWS wage level that the proffered wage equals or exceeds for the relevant Standard Occupational Classification (SOC) code in the area of intended employment. Each unique beneficiary is then entered into the selection pool a number of times based on that wage level:

Important details from the rule:

• Each unique beneficiary still counts only once toward the cap, regardless of how many registrations were submitted or how many times the beneficiary is entered in the pool.
• If the proffered wage is below OEWS Level I (for example, because it is based on a non-OEWS prevailing wage source), the registrant must select Level I.
• If the beneficiary will work in multiple locations, or in multiple positions where the registrant is an agent, the registrant must select the lowest corresponding OEWS wage level that the proffered wage will equal or exceed.
• If the proffered wage is a range, the wage level is based on the lowest wage in the range.
• The registrant certifies that the registration information, including the SOC code and wage level, is complete, true, and correct, and the petition must later include evidence supporting the wage level selected as of the date of registration.
• If USCIS does not receive registrations for more unique beneficiaries than needed, it will select all properly submitted registrations and no weighted selection is run.

A lower wage level does not disqualify a registration. Employers can register at any wage level. A Level IV registration receives four entries in the pool and a Level I registration receives one, but the number of entries is not the same as a fixed probability of selection, since the outcome also depends on the overall composition of the pool and how the regular and master’s cap selections are run. For a fuller discussion, see our guide to the H-1B lottery changes and weighted selection. Important: The wage level selected at registration carries forward. USCIS can deny or revoke a petition if the underlying registration contained a false attestation or was otherwise invalid, so the wage level must be selected accurately and supported by evidence, not chosen to improve lottery odds.

How to complete the registration

Registration is done through a USCIS online account at my.uscis.gov. Employers use an organizational account; attorneys and accredited representatives use a legal representative account and can add company clients before the season opens. Accounts can be created in advance, but beneficiary information and registrations can only be submitted once the registration period opens. The registration form asks for basic information about the employer and the beneficiary, plus the SOC code, area of intended employment, and OEWS wage level described above. Each beneficiary must be registered under one valid, unexpired passport or travel document. The $215 fee is due per beneficiary registration and is non-refundable. An employer registering 25 different beneficiaries would pay $5,375. If a registration payment fails and the registration is invalidated after the period closes, a new registration cannot be submitted for that season, so payment issues should be resolved while the window is still open. Two separate rules govern multiple registrations for the same person:

• Same registrant: An employer may not submit more than one registration for the same beneficiary in the same fiscal year. If it does, all of that registrant’s registrations for that beneficiary are invalid.
• Related entities: Related companies are not automatically barred from each registering the same beneficiary, but USCIS scrutinizes registrations and petitions by related entities for the same beneficiary and treats them as improper where there is no legitimate business need for the multiple filings.

Different employers with genuine, independent job offers may each register the same person, and USCIS has stated that a worker with multiple bona fide job offers whose registrations are selected may choose which petition to pursue, subject to petition approval and all other requirements.

Who submits the registration?

The registration must be submitted by the prospective petitioning employer or its attorney or accredited representative through the USCIS online account system. Beneficiaries cannot register themselves, and individual applicant-type USCIS accounts cannot be used to submit H-1B registrations.

Selection results and registration statuses

USCIS notifies registrants and representatives through their online accounts after the registration period closes. Registration statuses include:

• Submitted: The registration was properly submitted and is eligible for selection. If not selected initially, it generally remains eligible for any later selection rounds USCIS runs for the same fiscal year unless invalidated.
• Selected: The registrant may file an H-1B cap-subject petition for that beneficiary during the filing window on the selection notice.
• Not Selected: The registration was not selected for that fiscal year.
• Denied (duplicate registration): The same registrant submitted more than one registration for the same beneficiary in the same fiscal year; all such registrations are invalid.
• Invalidated – Failed Payment: The registration payment was declined or otherwise invalid.

USCIS can conduct additional selection rounds later in the year if it determines it has not received enough petitions to reach the cap. Whether a further round will occur in any given year depends on USCIS’s announcements for that season.

What happens after selection: filing the petition

Selection is only permission to file. It is not an approval and does not confer any status. The petitioner must file Form I-129, Petition for a Nonimmigrant Worker, and USCIS must actually receive it within the filing window printed on the selection notice. USCIS provides a window of at least 90 days, generally starting April 1 and ends June 30, but the controlling dates are the ones on the notice itself; mailing by the deadline is not enough if USCIS does not receive the petition in time. Key requirements include:

• A certified Labor Condition Application (LCA) from the Department of Labor, which must be certified before the petition is filed.
• Evidence of the valid selection, ordinarily a copy of the selection notice, as described in the current Form I-129 instructions.
• Consistency with the selected registration: the petition must be based on the same beneficiary, the same passport or travel document used at registration, and position information consistent with the registration, including evidence supporting the wage level selected as of the registration date.
• A requested start date of October 1 of the relevant fiscal year or later, and no more than 6 months after the petition’s receipt date.
• Full evidence that the position is a specialty occupation and the beneficiary qualifies; registration and selection only establish eligibility to file, not eligibility for approval.

Always use the Form I-129 edition and filing location specified on the live USCIS Form I-129 page at the time of filing. Online filing of Form I-129 is available only for the classifications and filing situations USCIS has enabled; some cap petitions must be filed on paper depending on the requested action and any concurrent filings, so check the USCIS online filing eligibility information before choosing a filing method.

The $100,000 proclamation payment

A September 19, 2025 Presidential Proclamation, Restriction on Entry of Certain Nonimmigrant Workers, restricts the entry of certain H-1B workers who are outside the United States and directs DHS to restrict decisions on covered new H-1B petitions filed after its effective date (12:01 a.m. EDT on September 21, 2025) unless they are accompanied by a $100,000 payment. It is not a filing fee in the ordinary sense; it operates as a condition on covered petitions and entries under the proclamation and its implementing guidance. The proclamation includes exceptions, including a national-interest exception under which DHS may exempt an individual worker, a company’s workers, or an entire industry if it determines the employment is in the national interest and does not pose a threat to U.S. security or welfare. By its terms, the restriction expires 12 months after its effective date unless extended, which would be September 21, 2026 absent extension. USCIS has stated the proclamation does not directly change the electronic registration process, but whether it applies to a specific petition, whether it has been extended, modified, or blocked by litigation, and whether an exception is available are questions that should be assessed with an attorney before relying on a selected registration for a beneficiary abroad.

Risks and mistakes to avoid

• Missing the window. Registrations cannot be submitted before the period opens, and a registrant cannot submit after the announced closing time unless USCIS formally extends or reopens the period. Selections take place after the period closes, so registering on day one gives no advantage, but waiting until the final hours risks payment or system problems that cannot be fixed after closing.
• Improper multiple registrations. Duplicate registrations by the same registrant invalidate all of them, and filing multiple cap petitions for the same beneficiary by an employer or related entities without a legitimate business need results in denial or revocation without a fee refund, even if based on a selected registration (8 CFR 214.2(h)(2)(i)(G); Matter of S- Inc., Adopted Decision 2018-02).
• Inflating the wage level. The registrant certifies the accuracy of the wage level under penalty of perjury, and the petition must document it. A mismatch can lead to denial or revocation.
• Treating selection as an approval. Selection is not petition approval and is not H-1B status. No job start, status change, or travel plan should be built on a registration or selection alone; the petition must still be filed on time and approved, and a visa may still be required.
• Passport problems. The beneficiary must be registered under one valid passport or travel document. If the document expires or is replaced between registration and filing, current USCIS guidance on documenting the change should be followed; review the live registration FAQ or consult an attorney before filing.

Frequently Asked Questions

• Q: Does the weighted selection change the master’s cap?

  A: No. The rule did not change the caps or the order of selection. The regular cap selection is run first among all properly submitted registrations, including advanced degree registrations, and the 20,000 master’s cap selection follows. The weighting applies within each selection.

• Q: Can I improve my odds by having several employers register me?

  A: Each unique beneficiary is counted once in the beneficiary-centric system, so multiple registrations do not multiply lottery entries; the wage level does that. Multiple employers may register the same person where each registration reflects a genuine, independent job offer; related entities registering the same beneficiary face scrutiny and must show a legitimate business need. Registrations based on offers that are not bona fide expose the employer and beneficiary to invalidation and petition denial or revocation.

• Q: If my registration is not selected, can I try again?

  A: A non-selected registration generally remains eligible for any additional selection rounds USCIS runs for the same fiscal year. If none occur, the employer must register again in the next year’s registration period and pay the fee again.

• Q: Is the offered wage locked in by the registration?

  A: The petition must be supported by position information consistent with the registration and must include evidence of the basis for the wage level selected as of the registration date. Changes that undermine the registration’s certifications create denial or revocation risk and should be reviewed with an attorney.

• Q: Does selection guarantee an H-1B visa?

  A: No. Selection only allows the employer to file a petition. USCIS must approve the petition, and beneficiaries abroad must also qualify for a visa at a U.S. consulate. Timelines vary and can change; current processing information is available on the USCIS processing times page.

• Q: Are there H-1B options without the lottery?

  A: Qualifying petitions for qualifying employment with cap-exempt employers (institutions of higher education, related or affiliated nonprofits, and nonprofit or governmental research organizations) may be filed year-round without registration, if the statutory and regulatory cap-exemption requirements are met. Workers previously counted against the cap may also be exempt from a new lottery under INA 214(g)(7), subject to its conditions, including the rules on remaining time in the six-year H-1B period and recapture.

Get Help With Your H-1B Case

If you are planning for an H-1B registration period or deciding how the weighted selection affects your strategy, we can help you evaluate your options. Contact Ashoori Law at contact@ashoorilaw.com or request a consultation at https://www.ashoorilaw.com/schedule/. Ashoori Law is a U.S. immigration law firm focused on employment-based, family-based, business, and investment immigration. This article is general information, not legal advice; consult a licensed immigration attorney about your case.