H-1B cap

How the H-1B lottery works

A plain summary of the official H-1B cap registration and selection process, often called the H-1B lottery: the cap numbers, who registers, the fee, how weighted selection works, the FY 2027 dates and what happens after selection.

At a glance

  • The cap: 65,000 regular cap numbers each year, plus 20,000 for beneficiaries with a U.S. master's degree or higher. USCIS
  • Who registers: the prospective employer, not the worker. It registers online for each beneficiary and pays $215 per registration for the FY 2027 cap. USCIS
  • Weighted selection: starting in FY 2027, when random selection is required, each unique beneficiary is entered into the selection pool 1 to 4 times, based on the OEWS wage level. USCIS
  • FY 2027: registration opened March 4, 2026 and closed March 19, 2026. USCIS announced on July 17, 2026 that both caps had been reached. USCIS USCIS alert
  • FY 2028: no registration dates, fee or procedures had been announced on the official pages checked as of September 28, 2026.

Summarized from official sources, checked September 28, 2026. Official pages change; follow the linked source if it differs from this summary.

The H-1B cap

  • Regular cap. Congress set the annual H-1B regular cap at 65,000. USCIS
  • H-1B1 set-aside. Up to 6,800 of the 65,000 are set aside each fiscal year for the H-1B1 program for Chile and Singapore. Unused H-1B1 numbers become available for the next fiscal year's regular cap. USCIS
  • Master's cap. An additional 20,000 petitions for beneficiaries with a master's degree or higher from a U.S. institution of higher education are exempt from the cap. USCIS calls this the advanced degree exemption, or the master's cap. USCIS
  • Cap-exempt employers. H-1B workers petitioned for or employed at an institution of higher education (or its affiliated or related nonprofit entities), a nonprofit research organization or a government research organization are not subject to the cap. USCIS
  • Guam and the CNMI. H-1B workers there are exempt from the cap if their employers file the petition before Dec. 31, 2029. USCIS

Prospective petitioners subject to the cap must first go through electronic registration, unless registration is suspended. USCIS USCIS says it started using electronic registration in 2020. USCIS DHS says the weighted selection rule does not change the number of H-1B cap-subject visas. Federal Register

Who registers and what it costs

  • The employer registers. The prospective employer, which USCIS calls the prospective petitioner or registrant, must register electronically and pay the fee for each prospective beneficiary, including beneficiaries eligible for the master's cap. USCIS 8 CFR 214.2(h)(8)
  • Accounts. Registrants need a USCIS organizational account. The individual "applicant/petitioner/requestor" account cannot be used to prepare or submit H-1B registrations. USCIS If an attorney is used, both the client and the attorney need a USCIS online account. USCIS FAQ
  • What is submitted. For FY 2027, USCIS listed the beneficiary's name, sex, date of birth, whether they earned or will earn a U.S. master's or higher degree, country of birth and citizenship, passport or travel document details, OEWS wage level, SOC code and area of intended employment. USCIS FAQ
  • Wage level. The registrant must select the highest OEWS wage level that the offered wage equals or exceeds for the SOC code in the area of intended employment. If the offered wage is below level I because it is based on another legitimate prevailing wage source, the registrant must select level I. For multiple work locations, the registrant must select the lowest corresponding level the wage will equal or exceed. USCIS FAQ
  • Passport. Each registration must include valid passport or travel document information. USCIS says a registration with invalid information, such as "NA" or "00000", is not properly submitted. Each beneficiary may be registered under only one passport or travel document. USCIS USCIS FAQ
  • Attestation. Each prospective petitioner signs, under penalty of perjury, that the information is true, the registration reflects a bona fide job offer, the salary is at or above the selected wage level, and it has not worked with others to unfairly increase the beneficiary's chances. USCIS
  • One per employer. An employer may have only one registration per beneficiary per fiscal year. If it has more than one, USCIS invalidates all of them, and the fees are not refunded. Different employers may each register the same beneficiary. USCIS
ItemWhat official sources say
Registration fee$215 per registration for the FY 2027 cap; each registration is for one beneficiary
RefundsNon-refundable; must be paid before the registration can be submitted
Fee scheduleForm G-1055, edition 09/09/26, lists $215 per beneficiary

Sources: USCIS registration page and Form G-1055. USCIS USCIS G-1055 The January 2024 USCIS fee rule set the $215 fee and described the earlier $10 fee as intentionally low and temporary. Federal Register If a payment is later declined, disputed or otherwise invalidated, the registration is invalidated. USCIS FAQ

How selection works now

Beneficiary-centric. USCIS selects unique beneficiaries, not individual registrations. If a beneficiary is selected, every registrant that registered that beneficiary gets a selection notice and may file a petition. USCIS This process came from a rule effective March 4, 2024, and DHS says it first applied to the FY 2025 season. Federal Register Federal Register

Weighted by wage level. DHS published the weighted selection final rule on Dec. 29, 2025, effective Feb. 27, 2026, in time for the FY 2027 season. Federal Register USCIS says it has used weighted selection starting in FY 2027. It applies when random selection is required because USCIS receives more registrations than it projects it needs. USCIS

OEWS wage levelEntries in the selection poolDHS projection in the rule (not a result)
Level IV461.16%
Level III345.87%
Level II230.58%
Level I115.29%

Entries: USCIS cap season page. USCIS The last column shows selection probabilities that DHS estimated in the rule's regulatory analysis before the rule took effect. DHS estimated 29.59% for every level under fully random selection. These are DHS projections from the rule, not reported results. Federal Register

  • More than one employer. Each registrant selects a wage level for its own registration. USCIS FAQ If a beneficiary has registrations from more than one registrant, USCIS assigns the beneficiary the lowest wage level among them. 8 CFR 214.2(h)(8)
  • Counted once. Each unique beneficiary counts only once toward the numerical projections, however many entries they have. USCIS
  • Order. The regular cap selection runs first and includes beneficiaries eligible for the master's cap. The master's cap selection runs after it. USCIS FAQ
  • Timing. The initial registration period lasts at least 14 calendar days, and selection happens after it closes, so registering on the first day is not required. USCIS USCIS must announce the start at least 30 calendar days in advance. 8 CFR 214.2(h)(8)
  • Reserve. Properly submitted registrations that are not selected stay on reserve for that fiscal year, and USCIS may select more if it needs more beneficiaries to reach the cap. 8 CFR 214.2(h)(8)
  • Suspended registration. If registration is suspended, USCIS weights and selects petitions the same way. USCIS

Official descriptions differ. A White House fact sheet says FY 2027 was the first time the lottery was "decided by wage, not chance." White House USCIS describes weighting applied "when random selection is required," USCIS the regulation says USCIS will randomly select after weighting, 8 CFR 214.2(h)(8) and DHS says the rule keeps the opportunity for employers to hire H-1B workers at all wage levels. Federal Register

FY 2027 registration dates and results

StepDate
Registration openedNoon Eastern, March 4, 2026
Registration closedMarch 19, 2026 (time differs between sources; see below)
Date by which USCIS intended to notify selected registrantsMarch 31, 2026
Initial selection announced completeMarch 31, 2026
Petition filing could beginApril 1, 2026, for a selected beneficiary with a valid registration
Earliest requested start dateOct. 1, 2026
Regular cap and master's cap reachedAnnounced July 17, 2026

Sources: USCIS registration USCIS selection alert USCIS cap season USCIS cap reached

  • Closing time conflict. The USCIS registration page and FAQ say registration closed at 5:00 p.m. Eastern on March 19, 2026. USCIS USCIS FAQ The January 30, 2026 USCIS alert said it would run through noon Eastern on March 19, 2026. USCIS alert
  • USCIS said it selected enough beneficiaries to reach the cap, including the master's cap, and notified the prospective petitioners. USCIS alert
  • The filing period for a cap petition is at least 90 days, as shown on the selection notice. All FY 2027 cap petitions had to use the 02/27/26 edition of Form I-129. USCIS alert
  • The registration page, updated 09/21/2026, repeats that both caps were reached. The official pages checked neither announce nor rule out any additional FY 2027 selection round. USCIS

Figures. USCIS has not posted FY 2027 registration totals on the pages checked. Its historical table ends at FY 2026, which shows 358,737 total registrations, 343,981 eligible registrations and 120,141 selected registrations. USCIS The only FY 2027 figures found come from the White House:

  • Proclamation 11069 says registrations for beneficiaries with at least a U.S. master's degree rose from 45.1% of total registrants for FY 2026 to 66.1% for FY 2027. It says the two highest wage levels made up about 46.3% of selections and the lowest level 17.8%. White House
  • A White House fact sheet says registrations dropped by almost 40%. White House

FY 2028

As of September 28, 2026, none of the official pages checked announce FY 2028 registration dates, a FY 2028 registration fee or any FY 2028 procedure. These include the USCIS registration, cap season, FAQ and H-1B pages, USCIS newsroom items through September 25, 2026, and the Federal Register through September 28, 2026. USCIS The standing rule is that USCIS must announce the start of the initial registration period at least 30 calendar days in advance. 8 CFR 214.2(h)(8)

Registration statuses

StatusWhat USCIS says it means
Processing submissionListed by USCIS; case information can take up to 72 hours to appear
SubmittedSubmitted and eligible for selection; stays eligible for later selections that fiscal year unless invalidated
SelectedSelected to file an H-1B cap petition
Not SelectedNot eligible to file an H-1B cap petition based on this registration
DeniedInvalid passport or travel document information, or the same registrant submitted multiple registrations for the beneficiary
Invalidated - failed paymentThe payment method was declined, not reconciled or otherwise invalid
DeletedDeleted and no longer eligible for selection

Source: USCIS registration page. USCIS

  • Registrations not selected in the initial selection, and not denied or invalidated, keep the status "Submitted." USCIS
  • Registrants that are not selected are not notified until USCIS decides the cap for that fiscal year has been reached. USCIS
  • USCIS notifies selected registrants and their representatives through their USCIS online accounts. USCIS

After selection: filing the petition

  • Selection is not approval. Only a registrant with a selection notice for the beneficiary may file a cap petition. Selection only makes the employer eligible to file, and the petition must still establish eligibility. USCIS USCIS alert
  • Form I-129. The employer files Form I-129, online or on paper, with a copy of the selection notice, within the filing period on the notice. A petition may be filed no more than 6 months before the requested start date. USCIS
  • Same information. The petition must have the same identifying and position information as the selected registration, and evidence of the basis for the wage level chosen. USCIS The offered wage must equal or exceed the prevailing wage for the wage level in the registration. 8 CFR 214.2(h)(8)
  • No substitution. A selected registration cannot be moved to a different beneficiary or transferred to another employer. 8 CFR 214.2(h)(8)
  • LCA. The petition must include evidence that the Department of Labor certified a Labor Condition Application (ETA 9035). USCIS
  • Master's cap. A beneficiary selected under the master's cap must qualify for the advanced degree exemption when the petition is filed, or USCIS will deny or reject it. USCIS FAQ
  • Not filing. A registrant does not have to tell USCIS if it decides not to file. USCIS FAQ
  • Petition fees. The Form I-129 fee for H-1B petitions is $780 on paper or $730 online, plus additional fees. USCIS G-1055

Change of status or consular processing. A petition requesting a change of status must include evidence that the beneficiary will stay in valid status through the requested start date. USCIS If the petition is approved, a person outside the United States may apply for an H-1B visa at a U.S. Embassy or Consulate, if a visa is required, and then apply to CBP for admission. USCIS

Cap-gap for F-1 students

For an eligible F-1 student whose employer timely files a cap-subject H-1B petition requesting change of status (not consular processing) during the filing period while the student's F-1 admission is in effect, F-1 status and OPT employment authorization continue until April 1 of the relevant fiscal year or the validity start date of the approved petition, whichever is earlier. USCIS Federal Register The extension ends automatically if the petition is denied, withdrawn, revoked, rejected or not selected, and it applies only to cap-subject petitions. USCIS See the H-1B tracker for more.

The $100,000 payment proclamation

This section lists what official pages say. It does not interpret how the pieces fit together.

  • Proclamation 10973. Signed Sept. 19, 2025, it restricts H-1B entry unless the petition is accompanied or supplemented by a $100,000 payment. It took effect 12:01 a.m. EDT Sept. 21, 2025 and was set to expire, absent extension, after 12 months. White House Federal Register
  • Scope, per the USCIS H-1B page. The payment applies to certain petitions filed at or after 12:01 a.m. Eastern Sept. 21, 2025 for beneficiaries outside the United States without a valid H-1B visa, and to petitions requesting consular notification, port-of-entry notification or pre-flight inspection for someone in the United States. It also applies when a change of status, amendment or extension is requested and USCIS finds the person ineligible for it; USCIS gives two examples: the person is not in valid status, or leaves the United States before the request is decided. USCIS
  • Exclusions, per the same page. It does not apply to a change of status, amendment or extension for someone inside the United States when that request is granted, and that person is not considered subject to it if they later travel and apply for a visa on the approved petition. It does not apply to currently valid H-1B visas or to petitions submitted before 12:01 a.m. Eastern Sept. 21, 2025, and it does not stop current H-1B visa holders or approved beneficiaries from traveling. USCIS
  • How to pay. USCIS says payment is made through pay.gov before filing, and the petition must include proof of payment or evidence of an exception or it will be denied. Exceptions are granted by the Secretary of Homeland Security only in "extraordinarily rare" circumstances. USCIS
  • Registration. For FY 2027, USCIS said the proclamation does not directly affect electronic registration, and a selected employer may need to pay before filing the petition. USCIS alert

Sources describe the scope differently. The USCIS "H-1B FAQ" alert and the White House "H-1B FAQ" say the payment applies to "any new H-1B visa petitions" and that this "includes the 2026 lottery." USCIS H-1B FAQ White House A USCIS proclamation alert says "new H-1B petitions." USCIS alert The USCIS H-1B page describes the narrower scope and exclusions listed above. USCIS

Court order. On June 8, 2026, in State of California v. Mullin, 1:25-cv-13829 (D. Mass.), the U.S. District Court for the District of Massachusetts vacated the agency guidance implementing the $100,000 payment. On July 24, 2026, the First Circuit denied the government's motion to stay that order pending appeal. DHS says it will comply with the order while it considers next steps, and still plans to collect the payment if the order is later lifted. USCIS The same USCIS page still shows its sections on who is subject to the payment and how and when to pay. No USCIS page checked says whether the payment is being collected today.

Proclamation 11069. Signed Sept. 18, 2026 and published Sept. 23, 2026, it extends the 2025 proclamation for 12 months, "until 12:00 a.m. eastern daylight time on September 21, 2027." Its Section 1(a) sets its effective date as 12:01 a.m. EDT Sept. 21, 2026, with expiry, absent extension, 12 months after that. White House Federal Register It directs DHS to restrict decisions on petitions not accompanied by the payment for H-1B workers currently outside the United States, and its Section 3(a) adds that the restriction covers people who must seek admission to put an approved petition into effect, including through consular notification, port-of-entry notification, pre-flight inspection or pre-clearance. White House Federal Register The White House fact sheet describes it as renewing the $100,000 requirement for certain H-1B visa applications. White House

What official pages do not say. The USCIS H-1B, cap season and registration pages, all updated 09/21/2026, mention only the 2025 proclamation. No USCIS guidance on Proclamation 11069 was found, and no official page checked states how the June 8, 2026 court order and the extension interact.

Also on Sept. 18, 2026, Executive Order 14431 directed State, Labor and DHS to take into account whether the sponsoring employer had layoffs in the previous year, or plans layoffs, that negatively affect similarly situated U.S. workers. Federal Register

Proposed rules

These are proposals. They are not in effect.

  • Proposed $103,265 fee. On Aug. 25, 2026, DHS proposed a new $103,265 fee, payable at filing, for all H-1B cap-subject petitions, including master's cap petitions, in addition to all other fees and payments. Comments were due Sept. 24, 2026. No final rule was found as of September 28, 2026. Federal Register It would not apply to cap-exempt petitions. USCIS news release DHS says it is separate from the proclamation payment, and a petitioner subject to both would pay both. The proposal was published before Proclamation 11069 and refers to the proclamation payment applying before September 21, 2026. Federal Register A correction published Sept. 10, 2026 replaced one of its data tables. Federal Register
  • Proposed DOL wage level change. On March 27, 2026, the Department of Labor proposed changing how wage levels are computed in its four-tier, OEWS-based prevailing wage structure for LCAs and PERM. The comment period closed May 26, 2026. Federal Register Proclamation 11069 refers to this rule as not yet finalized. White House

Common questions

When is the H-1B lottery?

For FY 2027, registration ran from noon Eastern on March 4, 2026 to March 19, 2026, and USCIS announced the initial selection was complete on March 31, 2026. USCIS sources differ on the closing time: the registration page and FAQ say 5:00 p.m. Eastern, while a January 2026 alert said noon Eastern. As of September 28, 2026, no FY 2028 dates had been announced on the official pages checked. USCIS must announce the start at least 30 calendar days in advance.

How much is the H-1B registration fee?

USCIS says the fee is $215 per registration for the FY 2027 cap, and each registration is for one beneficiary. The fee is non-refundable and must be paid before the registration is submitted. The USCIS fee schedule, edition 09/09/26, lists $215 per beneficiary.

Can I register for the H-1B lottery myself?

USCIS says the prospective employer registers and pays the fee for each beneficiary. Registrants need a USCIS organizational account, and the individual applicant/petitioner/requestor account cannot be used to prepare or submit H-1B registrations. An attorney account can also be used.

How does weighted selection work?

Starting in FY 2027, when random selection is required, USCIS enters each unique beneficiary into the selection pool 4 times for wage level IV, 3 times for level III, 2 times for level II and once for level I. Each beneficiary still counts only once toward the cap projections. If several employers register the same person, USCIS uses the lowest wage level among those registrations.

What does "Submitted" status mean after selection?

USCIS says "Submitted" means the registration is eligible for selection and stays eligible for later selections in that fiscal year unless invalidated. Registrations not selected in the initial selection, and not denied or invalidated, keep this status. USCIS does not notify unselected registrants until it decides the cap has been reached.

Does the $100,000 payment apply to change of status?

The USCIS H-1B page says the payment does not apply to a change of status for someone inside the United States when that request is granted. It says the payment does apply if USCIS finds the person ineligible for the change of status, for example if they leave the United States before it is decided. Other official FAQs describe the payment as applying to any new H-1B petitions. A federal court vacated the USCIS guidance on June 8, 2026, and the First Circuit refused to stay that order on July 24, 2026. Proclamation 11069 extends the restriction to September 21, 2027. Official pages do not state how the court order and the extension interact.

Does being selected mean my H-1B is approved?

No. USCIS says selection only makes the employer eligible to file a cap petition. The petition must still establish eligibility for approval.

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Official sources

Every fact on this page comes from these official pages. Dates are the "last updated" or "last reviewed" dates the pages showed when checked on September 28, 2026.

  1. USCIS: H-1B Electronic Registration ProcessLast reviewed/updated 09/21/2026
  2. USCIS: H-1B Cap SeasonLast reviewed/updated 09/21/2026
  3. USCIS: H-1B Specialty OccupationsLast reviewed/updated 09/21/2026
  4. USCIS: H-1B Electronic Registration Frequently Asked QuestionsLast reviewed/updated 09/21/2026
  5. USCIS: Form G-1055, Fee Schedule (PDF)Edition 09/09/26
  6. USCIS alert: FY 2027 H-1B Cap Initial Registration Period Opens on March 4Released 01/30/2026
  7. USCIS alert: FY 2027 H-1B Initial Registration Selection Process CompletedReleased 03/31/2026
  8. USCIS alert: USCIS Reaches Fiscal Year 2027 H-1B CapReleased 07/17/2026
  9. USCIS alert: H-1B FAQReleased 09/21/2025; last reviewed 07/28/2026
  10. USCIS alert: Presidential Proclamation on Restriction on Entry of Certain Nonimmigrant WorkersReleased 10/20/2025; last reviewed/updated 06/15/2026
  11. USCIS news release: DHS Proposes Additional H-1B FeeReleased 08/24/2026
  12. USCIS: Extension of post-completion OPT and F-1 status (H-1B cap-gap)Last reviewed/updated 01/17/2025
  13. eCFR: 8 CFR 214.2, paragraph (h)(8)Up to date as of 9/24/2026; cited for paragraph (h)(8) only
  14. Federal Register: Weighted Selection Process final rule, 90 FR 60864Published 12/29/2025
  15. Federal Register: Improving the H-1B Registration Selection Process, 89 FR 7456Published 02/02/2024
  16. Federal Register: USCIS Fee Schedule rule, 89 FR 6194Published 01/31/2024
  17. Federal Register: Modernizing H-1B Requirements, 89 FR 103054Published 12/18/2024
  18. White House: Restriction on Entry of Certain Nonimmigrant Workers (2025)Posted 09/19/2025
  19. Federal Register: Proclamation 10973, 90 FR 46027Published 09/24/2025
  20. White House: Restriction on Entry of Certain Nonimmigrant Workers (2026)Posted 09/18/2026
  21. Federal Register: Proclamation 11069, 91 FR 60497Published 09/23/2026
  22. Federal Register: Executive Order 14431, 91 FR 60501Published 09/23/2026
  23. White House: H-1B FAQPosted 09/21/2025
  24. White House: Fact sheet on H-1B program integrityPosted 09/18/2026
  25. Federal Register: Fee for Certain H-1B Petitions (proposed rule), 91 FR 54817Published 08/25/2026
  26. Federal Register: Fee for Certain H-1B Petitions; Correction, 91 FR 57516Published 09/10/2026
  27. Federal Register: Improving Wage Protections (DOL proposed rule), 91 FR 15454Published 03/27/2026

This page summarizes official information. It is not legal, immigration or tax advice. Confirm your situation with your DSO or a qualified immigration attorney. Last updated September 28, 2026.

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