If you were selected in the H-1B lottery for FY 2026, congratulations—but this is only the beginning.
Each year, USCIS uses a random lottery to select a limited number of H-1B registrations for processing to fill the annual quota of 85,000 H-1B visas. There is a chance that USCIS will conduct a second round of selections over the summer as they’ve done in recent years, but USCIS has not made any announcements on this yet.
What the Lottery Selection Really Means
The online registration and lottery process eliminates duplicate or incomplete entries and confirms that fees are properly paid. But it doesn’t assess whether a person or job actually qualifies for the visa. That happens after selection, when your employer submits a full H-1B petition to the U.S. government for adjudication.
The petition must prove:
- The job qualifies as a “specialty occupation.”
- The pay is appropriate for the role.
- Your academic and professional background matches the job’s requirements.
- The information in your lottery registration was accurate.
That petition must be filed by June 30, 2025. This date must be verified from the selection notice.
What’s New This Year
Starting January 17, 2025, USCIS is enforcing changes to the H-1B program that impact both employers and applicants:
- Stronger Fraud Protections: The new registration system is designed to crack down on duplicate and fake filings.
- More Oversight: Site inspections will increase. Employers will need to provide detailed proof that the job is real and matches what’s on paper.
- Updated Form I-129: Anyone filing an H-1B petition must use the new version of Form I-129 starting January 17, or the petition will be rejected.
- Student Worker Relief: F-1 students with OPT or STEM OPT employment authorization waiting to change status to H-1B may qualify for up to six extra months of work authorization to avoid gaps in employment. This is what’s known as the “cap gap.”
If You Weren’t Selected
If you don’t get picked this round, you still have options. Depending on your background, you may qualify for other visa categories or cap-exempt H-1Bs through nonprofits or research institutions. It’s worth exploring all paths forward.
Need Help Filing Your Petition?
At McEntee Law Group, we help employers and foreign workers file strong, compliant H-1B petitions. If you were selected, now is the time to start gathering documents and preparing your case.
Reach out today—we’re ready to help you take the next step.
