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Last Updated On: March 19, 2025 | Published On: January 31, 2025
Let’s face it: navigating the H-1B Visa lottery can be overwhelming. Between the yearly updates, legal jargon, and complicated application requirements, it’s no surprise that both employers and potential employees find themselves lost in a sea of confusing information. For this very reason, thousands of applications are denied every year.
With the 2025-26 H-1B Visa cap-filing season right around the corner, this guide aims to demystify the H1-B visa lottery process, breaking down every step in a way anyone can follow, hopefully increasing your chances of a successful application.
This guide covers the H-1B Visa Cap Lottery Process, eligibility & requirements, H-1B registration, key dates, and fees for employers and employees. Bookmark this guide as your one-stop shop for all your H-1B visa 2025-26 information, latest news, and updates.
VisaNation Law Group’s team of highly experienced attorneys specializes in H-1B and employment-based immigration – we’ve supported thousands of skilled workers worldwide to secure visas. Contact us to see if you qualify for a free consultation, and check back for the latest 2025-2026 H-1B visa lottery news.
Every year, USCIS conducts an H-1B visa lottery to randomly select eligible applicants when the number of H-1B visa applications exceeds the annual limit.
But here’s the catch: there are only 85,000 visas available every year.
Those 85,000 available visas are divided into two categories: 65,000 for the regular cap and 20,000 for the Master’s cap – for holders of advanced degrees from U.S. institutions.
Keep in mind: Master’s cap applicants have the benefit of going through both rounds of the lottery. Read more in our definitive guide outlining chances of getting an H-1B visa.
Electronic registration Employers seeking to file H-1B cap-subject petitions for the fiscal year 2025-2026 cap, must first electronically register. Then, they need to pay the associated $215 H-1B registration fee. This includes organizations that are eligible for the advanced degree exemption. Each employer can only submit one entry per H-1B employee. If their submission is selected, the employer must attest that they’ll file a complete H-1B petition.
Electronic registration
Employers seeking to file H-1B cap-subject petitions for the fiscal year 2025-2026 cap, must first electronically register. Then, they need to pay the associated $215 H-1B registration fee. This includes organizations that are eligible for the advanced degree exemption. Each employer can only submit one entry per H-1B employee. If their submission is selected, the employer must attest that they’ll file a complete H-1B petition.
To qualify for an H-1B visa, there are a few eligibility criteria to be aware of:
Filing registrations properly is key to successfully hiring foreign workers. USCIS uses an online pre-registration system to make the H-1B lottery more manageable. Employers must register their beneficiaries (foreign-born workers) with the USCIS online registration system during the registration window. Later on in our guide, we provide a complete timeline.
Under this registration process, employers and their representatives/attorneys need to submit basic information about each beneficiary, including:
New Organizational Accounts for filing H-1B Filing USCIS recently rolled out organizational accounts, which enable multiple individuals within an organization to collaborate and prepare various documents, including H-1B registrations, Form I-129 (Petition for a Nonimmigrant Worker), and Form I-907 (Requests for Premium Processing Service).
New Organizational Accounts for filing H-1B Filing
USCIS recently rolled out organizational accounts, which enable multiple individuals within an organization to collaborate and prepare various documents, including H-1B registrations, Form I-129 (Petition for a Nonimmigrant Worker), and Form I-907 (Requests for Premium Processing Service).
Certain employees do not need to go through the H-1B registration process, including:
Learn about H-1B Cap Exemption in our definitive guide!
The official H-1B lottery visa cap timeline for 2025-2026 according to USCIS:
If you are selected in the 2025-26 H-1B visa lottery, contact VisaNation attorneys for filing your H-1B petition. Contact Us
If you are selected in the 2025-26 H-1B visa lottery, contact VisaNation attorneys for filing your H-1B petition.
Contact Us
Employers should begin identifying as soon as possible prospective employees who have not had H-1B status in the past but may need to have it starting October 1, 2025. Individuals to keep in mind might include:
Learn about H-1B dependent employer qualifications.
There are a variety of expenses associated with the H-1B visa process. The below table shows the minimum costs for an H-1B visa that progresses to the petition stage. See our full breakdown on our H-1B Visa filing fees guide, which also shows some helpful examples.
Fee
Amount
Responsible for Fee
Registration Fee
$215
Employer
Basic Filing Fee
$780$460 (for small employers and nonprofits)
Public Law 114-113 Fee
$4,000 (if 50+ employees)
Premium Processing (optional)
$2,805
Employer or Employee
USCIS Anti-Fraud Fee
$500
ACWIA Education and Training Fee
$750 (less than 25 employees)
$1,500 (more than 25 employees)
Asylum Program Fee
$600 (if 26+ employees)$300 (if 25 employees or less)$0 (for nonprofit organizations)
Attorney Fee
Variable
VisaNation Law Group’s Legal Fees Since the stages are tiered, only certain companies will eventually file the complete petitions: Stage one: $300 for the initial registration process, which includes all required preliminary case analyses. Stage two: $2,600 will be due if the case is selected in the lottery for filing, including all form/support letter preparation plus case filing within the timeframe. Stage three: $500–$1,600 will be the cost of a Request For Evidence (RFE) response, should one later be issued on the case.
VisaNation Law Group’s Legal Fees
Since the stages are tiered, only certain companies will eventually file the complete petitions:
Based on last years lottery system, once the H-1B filing window closes all registrations initially display the status “submitted.” Throughout the process, some will change to “selected,” “denied,” or stay “submitted.” If USCIS needs to increase the registrations for either cap during the fiscal year, it will select more registrations from the “submitted” pool.
After October 1, 2025 (predicted), the remaining “submitted” registrations will change to “not selected.”
Form I-797C, Notice of Action is issued by USCIS to communicate updates such as:
The EAC case number is a 13-digit code assigned to every visa application, including the H1B. The unique code represents the location, year, day, and case number.
The first three letters of your petition’s E.A.C. number indicate the service center location processing your petition. For example, W.A.C. would mean the Western Adjudication Center in California. The two numbers that appear next correlate to the year followed by the working day. The last five numbers indicate your case number. An example would look like this: WAC-18-021-56974.
If You Receive an H-1B Selection Notice The first step is to contact our office so we can begin your complete H-1B filing! When preparing your H-1B petition, we will ensure that a copy of the official selection notice is included, per USCIS requirements. It’s also important to note that only the employer listed on the notice is authorized to file the petition on behalf of the beneficiary. Also, the beneficiary’s passport or travel document used in registration should be included in the H-1B petition. Any discrepancy or variance must be explained in the H-1B filing such a company legal name change or renewal of the passport or travel document.
The first step is to contact our office so we can begin your complete H-1B filing! When preparing your H-1B petition, we will ensure that a copy of the official selection notice is included, per USCIS requirements.
It’s also important to note that only the employer listed on the notice is authorized to file the petition on behalf of the beneficiary. Also, the beneficiary’s passport or travel document used in registration should be included in the H-1B petition.
Any discrepancy or variance must be explained in the H-1B filing such a company legal name change or renewal of the passport or travel document.
USCIS often denies H-1B visas to those it deems unqualified. However, you can optimize your approval chances if USCIS selects your petition in the H-1B 2025 lottery by taking the proper precautions.
There are essentially two refusal states: rejection and denial.
The first step in the review process involves having an immigration officer look over your case to determine whether all of your information is complete, consistent, accurate, you have provided enough evidence and documentation and your employer has paid the appropriate fees to the right places.
If your petition does not pass this phase, USCIS will likely reject it without a refund. Fortunately, you can simply re-file.
If your petition passes this phase it will go on to phase two, which means that the officer will determine if your evidence, background, occupation, and qualifications meet the H-1B visa requirements for 2025. If not, then you may experience an H-1B denial. In this case, re-filing may not be the solution.
It is occasionally possible for petitioners to file legal motions for an unfavorable outcome. Petitioners can either make a motion not reconsider or motion to reopen.
Occasionally, the USCIS will send a Request for Evidence (R.F.E.) rather than deny your petition outright. If the evaluating officer feels that some supporting documentation would make your case clear, an R.F.E. is usually the way to go. If you receive an R.F.E., you will need to respond within the given time window—usually up to three months.
If you’ve determined that you are not eligible for an H-1B visa, consider some of these alternatives:
Learn more about H-1B Alternatives & Options for Sponsorship.
There have been a lot of updates from USCIS that are crucial for you to understand the H-1B Cap. Additionally, our article on H-1B Cap predictions is a useful resource:
Other notable points include:
Finding the appropriate H-1B visa sponsor is often one of the biggest challenges. One viable source for finding a suitable sponsor is an H-1B Visa Sponsor Database. You can filter your search by city or zip code and see information detailing what sorts of jobs they have filed in past years. We expect more employers to seek H-1Bs this year due to the labor shortages in the U.S. and the increases in demand for specific industries due to the pandemic.
*Please note that we take no responsibility for the accuracy of the information in the link above.
Below are some H-1B visa F.A.Q.s that we commonly receive.
The application deadline to submit registrations for the 2025-26 H-1B visa lottery is March 24, 2025, at noon Eastern Timenoon Eastern Time. For other time zones:
Hear what our attorneys think in this editorial piece, "Is the H-1B Multiple Registration Fraud Crisis an Opportunity?"
You must have a job offer from a U.S. company or organization to apply for an H-1B visa. If you are a business owner, you will need to set up an entity within your company that controls your employment. That entity must file the petition on your behalf. Learn more in these top filing tips.
Purchasing premium processing only reduces the processing time for your I-129 petition. Once receipt is confirmed by USCIS, the processing time is reduced to 15 days. It does not make you cap-exempt, nor does it guarantee you a spot in the lottery. If your petition happens to be selected, then your start date will still be October 1, 2025, like all other applicants.
You must have at minimum a U.S. bachelor's (four-year) degree or its equivalent to qualify for the H-1B visa. Regarding work experience, three years of working is equal to one year of university. For example, if you had six years of work experience plus two years of college, you could qualify if your work experience and the degree are relevant to your occupational title.
Only if the school district has an approved petition based on the university cap exemption after 2006.
There is continuity in this case. An amended H-1B petition isn't required when a new entity takes over the originally approved employer's interests and responsibilities whereas the conditions of employment are the same.
This example is comparable to the 240-day grace period of 8 C.F.R. section 274.12(b)(20), which permits employment with the same employer for up to 240 days after an extension petition is filed.
Employers may not file more than once or file duplicate H-1B visa petitions for the same employee. USCIS will deny multiple or duplicate petitions filed by an employer for the same H-1B worker to ensure fairness.
You will not receive a refund for these filing fees. The only time that USCUS will issue a refund is if:
Your lawyer should have the correct service center's information to file with, which will depend on the beneficiary's work locations specified on the petition application. You can find the correct mailing address for the service center named on your Registration Selection Notice through this USCIS address page.
The H-1B visa 2025-26 lottery selections will occur from March 25 - March 30. USCIS states they intend to notify prospective petitioners and representatives of their nominations by March 31.
There are many advantages to preparing early. As with most situations in life, when you plan ahead of time, you're better able to respond to challenges down the road. Employers can begin considering which one of their workers might require H-1B cap-subject filings. Foreign nationals and their respective employers should work side-by-side throughout the process to meet all criteria.
The average H-1B denial rate in past years has been 17.9% Why do they fluctuate so much? One of the biggest reasons is due to the changes in U.S. administration and the policies they enact.
First, the USCIS will not consider a cap-subject H-1B petition filed adequately unless the petition is based on a valid, selected registration for the same beneficiary and the appropriate fiscal year.
Proper H-1B registration includes ensuring the candidate is classified correctly under the master's or bachelor's cap. Only specific individuals qualify for the master's cap despite having U.S. master's degrees. In addition, only a certain number of years of work experience equals a bachelor's degree. Applicants cannot make corrections after submitting H-1B registrations. USCIS will deny incorrect H-1B registrations if the case is selected for filing.
Second, although petitioners can register multiple aliens during a single online submission, a petitioner may only submit one registration per beneficiary in any fiscal year. Suppose a petitioner submits more than one registration per beneficiary in the same fiscal year. In that case, all registrations filed by that petitioner relating to that beneficiary for that fiscal year will be considered invalid.
Third, petitioners have a small window to ensure the cases have the proper strategies and all documents required. Having an adequate case foundation at the outset is essential whether the case is ultimately selected or not.
Hiring a qualified attorney to ensure that stage one of the process is handled correctly will prevent issues if the case is selected for filing.
USCIS grants the visa for up to three years with the option to extend it to a maximum of six years. There are special cases where the government may give a stay longer than six years. This is usually in conjunction with a pending I-140 petition so that you can maintain your status.
Per immigration law, the employer is responsible for paying:
Yes, you have the option to elect for premium processing at a cost of $2,805. The employer or employee can pay this fee.
Filing for premium processing does not make you exempt from the cap. Premium processing is simply a way to expedite the process. The USCIS explicitly ensures 15 business days for processing those petitions, or the USCIS will issue a refund of the service fee.
Congress determines the current annual cap for the H-1B visa category. Also, remember that USCIS sets aside 6,800 visas for citizens of Chile and Singapore following the Free Trade Agreement.
Certain H-1B workers who perform services for the Commonwealth of the Northern Mariana Islands (CNMI) and Guam may also be exempt from the cap under certain circumstances.
A Labor Condition Application is what your employer must certify and send when filing your petition. USCIS will also accept a copy of this document. Always be mindful of the L.C.A. processing times and plan your documentation accordingly.
To get an L.C.A., your employer must make all of the four attestations required for this application:
Ultimately, the L.C.A. protects the current employees from incursions on their employment. By attesting that your employment is not to subvert or replace current employees' work, this tells the USCIS that your employment will benefit the U.S. job economy rather than damage it.
Note that if USCIS certifies an application for multiple workers, you must provide the name and case receipt number of any worker who previously used the L.C.A.
According to current regulations, if you as a foreign worker intend to perform services for more than one employer, each one must file a separate petition. However, if USCIS approved both petitions and you select one employer but later decide to leave that employer for the second one, no new petition is necessary.
However, if you choose to transfer your employment to an employer that has not yet filed a petition, you will need to have that employer file a new petition on your behalf.
An H-1B transfer must follow the same process as you would for filing a new petition. However, one big difference between the regular H-1B filing and a transfer is that a transfer is not subject to the cap since it already has an H-1B status. Because of this, premium processing may be an effective way to shorten your H-1B transfer processing time in 2025.
When USCIS approved your H-1B visa, they considered the specific employment location, qualifications, and prevailing wage for the area.
If the worksite changes, you must submit an amendment with certification for the new location during your employment. In some situations, you may be exempt from filing the amendment, but it's best to contact your lawyer if the terms of your job suddenly change.
Many people have questions regarding this topic. Say, for example, you submit two petitions at the same time. That doesn't mean USCIS will necessarily approve it within the same time frame.
Why? Each USCIS service center has a different workload for H-1B visas in 2025, so it's hard to know when USCIS will process the paperwork. For short-on-time cases, it's best to consider premium p
VisaNation Law Group attorneys have an excellent track record of gaining approvals in complex H-1B cases, including those sponsored by startup companies. VisaNation Law Group attorneys offer free consultations to specific individuals and businesses looking to retain a law firm for employment-based immigration petitions as a courtesy to prospective clients.
Tags: H-1B cap, H-1B Lottery, H-1B Rules
