📌 The rules changed after this article was published. Since February 27, 2026, selection odds depend on the wage level. For the current rules, see "The Day the Lottery Changed Its Weight" and "First Results of the Weighted Lottery".
Registration opens March 7
One of the visas most commonly used by American companies to hire talent from overseas, the H-1B visa is granted to foreign nationals working in specialty occupations (IT, engineering, finance, healthcare, and so on) who hold a four-year bachelor's degree or equivalent work experience. However, because only a limited number of visas are issued each year, when the number of beneficiaries exceeds that limit, selection is made through a random lottery. This column provides essential information on the overall process of the H-1B visa lottery that will apply for fiscal year 2026, including the latest registration schedule and improvements to the electronic registration system and organizational accounts.
1. Overview of the H-1B Visa and the Lottery System
The H-1B visa is a program for foreign professionals who will work in specialty occupations in the United States, with a base annual cap of 65,000 visas plus an additional 20,000 visas set aside separately for those who have earned a master's degree or higher from a U.S. university. Because of this limited number, a large pool of beneficiaries applies every year, and when registrations exceed the cap, USCIS conducts a random lottery to select among them.
Since fiscal year 2025 (the March 2024 registration), a "beneficiary-centric" selection process has applied, meaning selection is based on the unique beneficiary rather than the raw number of registrations. This eliminates duplicate registrations for the same individual and results in a fairer selection process.
2. FY 2026 Registration Schedule and Procedure
Electronic registration for the FY 2026 H-1B begins at noon Eastern Standard Time on March 7, 2025, and runs through noon Eastern Standard Time on March 24. During this period, every petitioner and their representative must complete electronic registration for each beneficiary through a USCIS online account, and starting this year a new $215 registration fee is charged to the employer at the time of registration. If an account used during the FY2021–FY2024 seasons was not used for FY2025, it will automatically convert to an organizational account the next time you log in, so it is a good idea to check the status of your account management in advance. In addition, first-time registrants must create a USCIS online account beforehand and must enter all required information — including the beneficiary's exact passport information — without omission; if there is an error in the information entered, the registration may be invalidated. After the lottery results are released, selected beneficiaries will be notified through their USCIS online account, and beginning April 1, they generally must file Form I-129 and other related documents within 90 days to proceed with the formal petition process. Throughout this process, the recently improved organizational account and electronic registration system — including data upload and pre-population features — can help make document preparation and submission more efficient.
3. Changes for FY 2026
As already mentioned above, starting with FY 2026, a $215 registration fee per beneficiary is charged to the employer, and the beneficiary-centric selection method introduced for FY 2025, which runs the lottery by beneficiary rather than by registration, continues to apply. As a result of these changes, this year is expected to bring positive effects such as a reduction in the number of registrations, improved quality, greater fairness, and more efficient administration. Because of the cost burden, it is expected that only genuinely promising cases will be registered, reducing the overall number of registrations and thereby increasing each beneficiary's odds of selection. In addition, since the processing that previously benefited from duplicate registrations is eliminated, all beneficiaries are given an equal opportunity, and because management is now possible on a unique-beneficiary basis, system operation and statistical management become easier. On the other hand, the $215 registration fee may act as a barrier to entry for small businesses or employers with limited financial resources, and because a single incorrect entry can affect the entire case, greater care must be taken in managing errors. In addition, because a strategic approach through duplicate registration is no longer possible, all preparation and review must now be concentrated into a single registration, which can be seen as a downside that reduces strategic flexibility.
4. The Random Lottery Process and Follow-Up Procedures
The Random Lottery
After the registration period ends, a random lottery is conducted among all beneficiary registrations received. Selection continues until the designated visa numbers are reached among the registered beneficiaries, and if an additional round of selection is needed, an additional lottery may be conducted. Selected beneficiaries receive individual notification through their USCIS online account, and after notification, they must file additional documents, including Form I-129 (Petition for a Nonimmigrant Worker), within 90 days to proceed with the formal visa application process.
Alternatives If Not Selected
If you are not selected in the lottery, you must, within a grace period of up to 60 days before your current status expires, look for other visa options or prepare to adjust your status. Because the system is based on a random lottery, the reality that the chance of not being selected remains high — and that actually obtaining the visa can be difficult — does not change, despite the system improvements described above. In this situation, there are alternative visa options worth considering, including the O-1 visa, issued to individuals with extraordinary ability such as professionals or artists; the L-1 visa, available when an employee of an overseas company is transferred to its U.S. branch; the TN visa, a work visa for Canadian and Mexican nationals; the E-2 visa, an investor visa for operating a business in the United States; and post-completion OPT or the STEM OPT extension through an extension of F-1 status. Because each of these visa options offers different requirements and benefits depending on the beneficiary's circumstances, career, and goals, they can serve as attractive alternatives for those who wish to offset the uncertainty of the H-1B lottery and pursue more stable employment or residence in the United States. In particular, policy has recently changed to allow experts in the AI (artificial intelligence) field to apply for an O-1 visa through a company they themselves founded, so professionals in that field may want to consider applying for an O-1 visa. As this shows, even if you are not selected in the H-1B lottery, a variety of alternative visa options exist, making systematic planning and consultation with a professional essential.
5. A Strategic Approach to a Successful H-1B Visa Application
The H-1B visa application process should not end simply with completing registration; it is important to clearly understand the flow of the entire process and to prepare systematically — from before registration through document preparation and, if not selected, arranging alternatives. First, it is essential to prepare the necessary documents and information before the registration period and to carefully check the status of your USCIS online account to ensure there are no issues, and it is also very important to enter the beneficiary's passport information and other required information without error. In addition, it is necessary to review various alternatives from an early stage so that, even if you are not selected in the lottery, you can explore other visa options within the 60-day grace period; because the H-1B application process can be complex, consulting with an immigration law professional to develop a tailored strategy is key to a successful visa application.
6. Closing
The FY 2026 H-1B visa lottery is an important pathway for hiring outstanding talent in the United States. The improvements to the electronic registration system and organizational accounts applied this fiscal year will help make the application process go more smoothly. We hope that, through thorough preparation and a systematic approach during the registration period, you secure the talent you are seeking and achieve a successful visa application outcome.
If you need additional consultation or assistance regarding hiring overseas talent or other immigration matters, please feel free to consult with a professional at any time to develop the best strategy. We encourage you to closely follow the latest trends and system improvements in U.S. immigration law and lay the groundwork for a successful visa application.
Disclaimer: This column is provided for general informational purposes only and does not constitute legal advice for any specific case. For matters concerning your individual immigration situation, please consult an immigration attorney.
Law Office of Jin D. Cho, P.C.
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