This memo provides information related to the H-1B Cap season commencing with registration in March 2025 for new H-1Bs effective October 1, 2025 – i.e., Fiscal Year 2026 (“FY26”) filings. This memo is provided for informational and discussion purposes only. It does not act as a substitute for legal advice on an individual basis.
Last Updated: January 7, 2025.
- Check back regularly! This memo will be promptly updated with any new information or changes confirmed by USCIS throughout the H-1B Cap season.
Approximate read time: 10 minutes
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Overview of H-1 Cap and Registration Process
The annual cap on the issuance of H-1B visas applies to all NEW H-1B filings where the sponsored employee has NOT previously been counted against the Cap and where the employer is not somehow Cap-exempt (some employers or employment situations permit Cap exemption). Since the demand for H-1B visas is so high, USCIS conducts an annual lottery to determine who will have the opportunity to file for H-1B status under the cap each year. Once an employee has been counted against the Cap, they can apply for and extend their H-1B status outside of the annual lottery process, until they have used their maximum allowance of six years in H-1B status (or longer, if they have reached a certain point in the green card process).
There are essentially two H-1B Caps or quotas (i.e., statutory limits on how many new H-1Bs USCIS can be issued each year). The first is the standard Cap for regular H-1B filings (referred to as the “Regular Cap”) for individuals with a bachelor’s degree or equivalent that qualify for H-1B status. There are only 65,000 Regular Cap H-1B filings permitted per fiscal year, and of this number, 6,800 available spaces have been reserved for citizens of Chile and Singapore. The second Cap is technically a Cap exemption, but is limited in number and ultimately runs out each fiscal year, thus creating a separate Cap. The second cap is in reference to an additional 20,000 H-1Bs set aside for individuals who graduate from a U.S. master’s degree program (or higher-level education) that meets certain criteria (referred to as the “Master’s Cap”).
USCIS implemented an electronic registration system for H-1B Cap selection in 2020. With the electronic registration system, employers or their authorized representatives can register potential H-1B employees online to be included in the annual lottery. The USCIS fee for cap registration is $215 USD for each potential worker. The H-1B Cap registration period for 2025 (FY26) has not yet been announced but will likely open in the first week of March and remain open for 12-16 days. Once the registration period closes, USCIS will conduct a lottery to randomly select the number of registrations needed to reach the H-1B numerical limit. We have no control over the lottery or the likelihood of selection. The process is entirely random.
USCIS will notify employers and legal representatives of the H-1B lottery results no later than March 31, 2025. Selected registrants will be eligible to file a cap-subject H-1B petition with USCIS as early as April 1, 2025, and no later than 90 days after selection, for a start date of October 1, 2025 or later. Only the registering employer(s) will be eligible to file an H-1B Cap petition for individuals selected in the lottery. Registrations not selected in the lottery will remain on reserve for the applicable fiscal year. If USCIS does not receive and approve enough H-1B petitions to fulfill the statutory quota from the initial lottery in March, it will run subsequent lotteries and select additional registrants from those on reserve until the annual cap is met.
Lottery System and Selection Rates
The following table provides data from the past five years for reference (more detailed insights available here). As shown below, the number of registrants, likelihood of selection, and number of draws can change significantly from year to year, making it difficult to predict how the process will play out this year.
| Year | Total Eligible Registrations | Total Selections | Number of Draws |
| 2020 (FY 2021) | 269,424 | 124,415 | 2 (March, August) |
| 2021 (FY 2022) | 301,447 | 131,924 | 3 (March, August, November) |
| 2022 (FY 2023) | 474,421 | 127,600 | 1 (March) |
| 2023 (FY 2025) | 758,994 | 188,400 | 2 (March, July) |
| 2024 (FY 2026) | 470,342 | 135,137 | 2 (March, July) |
Notably, in 2024 (FY25), as part of the final rule on “Improving the H-1B Registration Selection Process and Program Integrity”, USCIS modified the lottery process to select registrations based on unique beneficiary as opposed to prior years that allowed the selection of multiple registrations for the same beneficiary submitted by more than one employer. Multiple employers may still register the same individual in the H-1B Cap, but the beneficiary will only be entered into the lottery once (identified by their passport information). If the individual is selected, each sponsoring employer will be notified and eligible to file an H-1B petition on their behalf. The modifications to the selection process in 2024, which remain in place for 2025 (FY26), help to combat fraud and provide a more level playing field by generally giving all individuals the same chance of being selected in the lottery, regardless of how many employers may be willing to sponsor their H-1B employment.
Our Process and Anticipated Timeline
Our goal is to make this process as simple and stress free as possible for everyone involved. To start, we ask employers to notify us of any H-1B cap registrants as soon as possible to ensure timely registration. We will evaluate each case to ensure it satisfies all H-1B criteria and gather any information or documentation needed to complete the registration and prepare the USCIS petition, if selected.
The H-1B Cap is ultimately a two-step process. The following provides a general overview of each step and what you can expect working with our team.
STEP 1 – REGISTRATION: To complete the registration process, our team will take the following steps:
- Gather all necessary information to evaluate the case and prepare the registration.
- Assist employers in creating a proper USCIS Organizational Account, if needed.
- Draft registrations and provide step-by-step instructions for the employer to verify submissions on behalf of the company.
- Ensure timely registration of all potential H-1B workers during the designated registration period (dates yet to be announced by USCIS).
- USCIS conducts the initial lottery and confirms selections no later than March 31, 2025.
- For those selected in the lottery, we will proceed to Step 2.
- For those not selected in the initial lottery, we will discuss contingency plans as needed on a case-by-case basis.
STEP 2 – FILING OF H-1B PETITION: For beneficiaries selected in the lottery, we will take the following steps:
- Our team will request any outstanding documents or additional information needed to prepare the actual H-1B petition when we notify you of the results and file with USCIS as soon as possible.
- We will have 90 days following the selection date to file the actual H-1B petition with USCIS.
- Under regular USCIS processing, H-1B petitions are currently taking between 3-6 months to be adjudicated once filed. We expect Premium Processing Service to be an available option for H-1B Cap filings, which would provide a decision from USCIS within 15 business days of receipt. The USCIS fee for Premium Processing is $2,805. The decision to file under Regular or Premium Processing only applies to the filing of the actual H-1B petition with USCIS.
- Approved H-1B Cap petitions will take effect no earlier than October 1, 2025.
As described above, if the statutory caps are not met through the initial lottery, USCIS will conduct subsequent lotteries until the numerical limit for the fiscal year is reached. If subsequent lotteries take place, USCIS will select additional registrants who remain on reserve from the initial registration period. This process will be automatic, no further action will be required for registrants not selected initially to be considered for subsequent lotteries for this fiscal year. We will monitor the status of the H-1B Cap throughout the year and promptly notify clients if additional registrants are selected.
Stay Informed
To learn more about the H-1B Cap and stay informed throughout the process, visit our Resources page to find the latest News Alerts and upcoming webinars on this topic. Also refer back to this memo which will be updated with further detail and other relevant updates throughout the H-1B Cap season.
