The United States Citizenship and Immigration Services (USCIS) has completed the initial lottery for the H-1B visa cap for the fiscal year 2026, marking a significant milestone in the annual immigration process. USCIS confirmed it received sufficient electronic registrations to meet the quota under both the regular cap and the master’s cap.
Eligibility to File H-1B Petitions
Prospective petitioners whose beneficiaries were selected in the lottery have been notified and are now eligible to submit H-1B cap-subject petitions. Registrants can check their selection status via their USCIS online accounts.
Filing Window Opens on April 1, 2025
The filing window for H-1B cap-subject petitions will open on April 1, 2025. Only those with selected registrations can submit petitions, which must be filed either online through my.uscis.gov or at the appropriate filing location during the designated window. This filing period will last at least 90 days.
Petitioners must submit the following documentation with their petitions:
A copy of the H-1B selection notice
Proof of the beneficiary’s valid passport or travel document used during registration
It’s important to note that selection in the lottery does not guarantee petition approval. It only grants eligibility to apply for an H-1B visa.
Next Steps for Employers
Employers must submit Form I-129 (Petition for a Nonimmigrant Worker) with all required supporting documents and fees. These include:
A certified Labor Condition Application (LCA)
Evidence that the position qualifies as a specialty occupation
Proof that the beneficiary meets the required educational and work qualifications
The H-1B selection notice and a copy of the beneficiary’s valid passport
Once submitted, USCIS will review petitions and may approve, deny, or issue a Request for Evidence (RFE) if additional information is required. If petitions are rejected, withdrawn, or denied, a second lottery may be conducted later in 2025 to fill any remaining spots.
Changes and Fee Increases for FY 2026
The H-1B lottery for FY 2026 introduced a new beneficiary-centric system to prevent duplicate entries and enhance fairness. Under this model, each individual is entered into the lottery only once, regardless of how many employers register them.
Additionally, significant fee hikes took effect starting April 1, 2024. The H-1B registration fee increased from $10 to $215. Form I-129 petition fees are now $780 for small employers and nonprofits, and $1,385 for large employers. The $500 fraud prevention fee remains, while a new $600 asylum program fee has been introduced for larger companies.
Employers should be aware of these changes and prepare accordingly to ensure compliance with the updated filing requirements and fee structures.
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