No. 1: What is the H-1B visa, and which roles qualify?

The H-1B visa is available for foreign nationals employed in “specialty occupations.”

“Specialty occupations” require the theoretical and practical application of a body of highly specialized knowledge. This basically means the role requires a U.S. bachelor’s or higher degree in a directly related specific specialty, or its equivalent. “Specialty occupations” include roles like Software Developers, Data Analysts, or Scientists.

No. 2: What exactly is H-1B cap and what is the lottery process?

Congress allows for 65,000 new H-1B visas each fiscal year, with an additional 20,000 for beneficiaries with U.S. Master’s degrees or higher related to the occupation.

The H-1B is one of the most popular visas in the United States, and there are more applicants than visas allowed. Because the demand exceeds the supply, the U.S. Citizen and Immigration Services has a lottery system that will run at the end of March.

Selected individuals can start work in H-1B status starting October 1, 2025, the start of the 2026 Fiscal Year for the U.S. government.

No. 3: How does the lottery work?

The lottery used to involve a cumbersome process for employers and their immigration counsel. Employers had to send their full H-1B petitions to the USCIS, who then conducted the lottery and returned any “unselected” petitions.

Now the process is much easier with an online registration system on the government’s website.

The registration system requires the following:

• The employer’s name, federal identification number, and headquarters address.
• Employer representative’s contact information.
• Foreign national’s biographic information.
• Whether the foreign national is applying under the U.S. Master’s degree cap.

No. 4: How much does it cost to register for the lottery?

Each registration costs $215.

No. 5: Is there anything else an employer needs to know?

The lottery is now run as a “beneficiary-centric” process, which is designed to prevent beneficiaries from trying to game the system. Before this system was adopted, a single beneficiary could be entered into the lottery from multiple employers, giving the beneficiary a better chance of being selected. Now the selection process is by individual, which prevents this effect.

The registration window opens Friday and will run through noon Eastern on March 24. Selections are identified on March 31. Employers then have 90 days to file their H-1B cap petitions.

No. 6: Do all H-1B employees have to be entered into the lottery?

No.

If foreign national employees are already in the United States working under H-1B visas, they do not need to be entered into the lottery again. The same is true if they were previously counted against the cap and activated their H-1B visas.

On the other hand, you should consider entering into the lottery the following employees, provided that they meet the “specialty occupation” requirements:

• Those working outside the United States whom you want to bring to the United States to work.
• Employees currently in the United States in some other status, including F-1 student status, L-1, H-4, TN, or E-3 status.

No. 7: What if my employee is not selected for the lottery?

All is not lost. If your employee is not selected, you may have other options. Please consult with your immigration counsel for guidance and support.