How the H-1B Lottery Works

The H-1B cap-subject lottery runs each spring. Employers register beneficiaries with USCIS during a March electronic-registration window, paying $215 per beneficiary. USCIS then conducts a random selection from registered candidates against the 65,000 regular cap and the 20,000 master's cap under INA §214(g)(1)(A).

Selected registrations are notified by April 1 and have until June 30 to file Form I-129. Cap-exempt employment (universities, nonprofit research) bypasses the lottery entirely.

Beneficiary-Centric Selection (2024 Reform)

The 2024 final rule changed selection to be beneficiary-centric. Each unique beneficiary now gets one entry regardless of how many employers register them. Pre-2024, multiple-employer registrations multiplied a beneficiary's odds; post-2024, each beneficiary has equal selection probability.

Net effect: ~25–30% selection rate per beneficiary in recent FY2025–2026 cycles. Multi-employer registration is no longer a gaming strategy. If a beneficiary is selected, USCIS assigns one of the registering employers (random if multiple) to file the I-129.

The 65,000 + 20,000 Cap

Annual cap allocation: 65,000 visas for the regular cap and 20,000 reserved for beneficiaries with US master's degrees or higher (the "master's cap"). The two pools are processed sequentially: USCIS draws from the 65,000 regular cap first, then conducts a second draw against the 20,000 master's cap from beneficiaries who weren't selected in the regular round.

Master's-eligible beneficiaries thus get effectively two chances. The cap is set by statute and has not changed since 2003 (post-AC21 reduction from 195,000). Bills to raise the cap appear regularly but rarely advance.

Registration Window and Filing Window

Registration opens around March 1 each year, runs ~14 calendar days, and closes mid-March. Initial selections post by March 31. Selected registrations file Form I-129 between April 1 and June 30. If the cap isn't met after this window, USCIS conducts second-round draws — typically July–August.

Filing fees per I-129: $460 base + $1,500 ACWIA (or $750 for employers under 26 workers) + $500 fraud-prevention + $600 asylum-program. Optional $2,805 premium processing.

What Happens When You're Not Selected

Non-selection is final for the cycle. Common bridge strategies: continued OPT or STEM OPT, change to cap-exempt H-1B at a university or nonprofit research employer, O-1 if eligible, L-1 with foreign affiliate work, or departure pending the next March registration.

Cap-exempt H-1B is the most reliable bridge — it bypasses the lottery entirely, files year-round, and once approved makes the beneficiary cap-counted-for-life for portability purposes.

Cross-Pillar Reading

Bottom line

Verdict: lottery odds are statistically equal per unique beneficiary post-2024. Employers and beneficiaries should focus on registering accurately and maintaining alternate status options for unselected outcomes.

Frequently asked questions

What is the master's cap?
The 20,000 master's cap is reserved for beneficiaries holding US master's degrees or higher from accredited institutions. Master's cap selection runs as a second draw after the regular 65,000 cap — beneficiaries with US master's get two effective chances (regular pool + master's pool).
What if my registration isn't selected?
Unselected registrations may be picked in second-round draws if USCIS finds the cap wasn't met after the April 1–June 30 filing window. If still unselected, the beneficiary must wait for the next March's registration window — or pursue cap-exempt H-1B, O-1, or other status.
Can I register myself for the H-1B lottery?
No. Only employers (or their attorneys) can register beneficiaries — the registration creates an employer-employee relationship affirmation. A beneficiary cannot self-register; an employer must agree to sponsor and pay applicable fees.
What happens if my employer goes out of business after selection?
If the petitioning employer ceases operations before the I-129 filing window, the registration is voided. The beneficiary cannot transfer the selection to another employer; they must wait for the next March cycle.
Can I be selected multiple times for the same beneficiary?
Each beneficiary is registered with a unique passport number, name, and date-of-birth combination. The system de-duplicates and enters the beneficiary into the lottery once. A selected beneficiary picks one of the multiple employers' I-129 filings.