Employers: Start Preparing For Registration For New H-1B Cap Lottery

U.S. Citizenship and Immigration Services (USCIS) will again use an internet-based electronic registration and lottery process for employers seeking to file H-1B petitions for beneficiaries who are required to be counted under the annual allocation of new H-1B slots. The H-1B lottery electronic registration process will occur from March 4, 2026, starting at 11:00 a.m. CST,to March 19, 2026, 11:00 a.m. CST.

An H‑1B slot from the lottery must be obtained for a foreign worker to engage in "new" H‑1B employment, which generally refers to H‑1B petitions filed for foreign nationals who are not currently in H‑1B status. When new H‑1B employment requires an H‑1B lottery slot, it is generally referred to as a "cap‑subject." Foreign workers whose employment is cap‑subject may not begin their H‑1B employment until the start of the federal fiscal year for which their H‑1B cap visa was issued (i.e., October 1). However, there are exceptions when new and continued H‑1B employment is not subject to the annual slot allocation, generally referred to as "cap‑exempt" petitions.

Under the current H-1B regulations for the 2027 Fiscal Year (October 1, 2026, to September 30, 2027), employers seeking an H-1B lottery slot for an employee will be required to register their company and the intended beneficiary online with USCIS and pay a $215 nonrefundable lottery fee for each electronic registration. The lottery registration process is not required for cap-exempt H-1B petitions.

USCIS grants 65,000 new H‑1B slots per federal fiscal year to employers who hire foreign workers for positions requiring at least a bachelor's degree in a specialty field. An additional 20,000 new H‑1B slots are available to employers who hire foreign workers with a master's degree from a U.S. university or college. These annual allocation limits are generally referred to as the "H‑1B cap."

To participate in the upcoming H-1B lottery electronic registration process, employers must provide the following for each registration entry:

• The employer's name, federal employer identification number (FEIN) and mailing address.
• The name, job title and contact information (telephone number and email address) of the employer's authorized representative.
• The beneficiary's full name, date of birth, country of birth, country of citizenship, gender and passport number.
• Whether the beneficiary has obtained a master's or higher degree from a U.S. institution of higher education.
• The Specific Occupational Category (SOC) code for the position being offered to the beneficiary.
• What wage level on the U.S. Department's Occupational Wage and Employment Statistics (OEWS) the beneficiary will be paid at or above if an H-1B petition is approved on their behalf. OES wages are divided into levels I, II, III and IV.
• The area of intended employment that served as the basis for the employer's OEWS wage level determination.
• The employer's attorney or accredited representative, if applicable.

USCIS will use this information to select enough H-1B slot registrants to fill the 2027 H-1B cap. This year, USCIS will implement a new selection process that mitigates the random nature of the current lottery system. Under the new process, higher-paid positions will have a better chance of being selected within the lottery.

Therefore, registrations for positions being offered a salary at the lowest OEWS wage level will have a decreased overall chance of being selected in the lottery and registrations for positions being offered a salary at the higher OEWS wage levels will have an increased chance of being selected, with the weighted chance increasing with each level (e.g., a Level IV wage will have a better chance than a Level III wage, etc.).

However, the overall percentage chance of selection within the new lottery system will still greatly depend on the number of overall registrations in relation to the overall number of slots available and whether the beneficiary has or will have a U.S. master's degree by the start of the 2027 federal fiscal year. For beneficiaries working in multiple locations, the lottery registration must use the lowest OEWS wage level from amongst all of a beneficiary's areas of intended employment that the beneficiary's proffered wage will equal or exceed.

Duplicate registrations for the same beneficiary by the same employer are strictly prohibited. Employers must attest as part of the registration process that they intend to employ the beneficiary if selected for an H-1B lottery slot.

USCIS will likely notify registrants if they have been selected in the lottery starting March 31, 2026. Selected registrants will then have a 90-day window starting on April 1, 2026, to properly file a completed H‑1B cap-subject petition with USCIS and pay all applicable H-1B filing fees for the named beneficiary.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.