The Fiscal Year 2026 H-1B Lottery is Coming: Will the Odds be in your Favor?

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The change in Presidential administrations has already invigorated much discussion and commentary among immigration practitioners and stakeholders. With this backdrop, many employers and foreign national employees are gearing up for the H-1B lottery season for the government’s 2026 fiscal year. In the lead up to this lottery season, there are a few key items to keep in mind based on changes announced last year by the U.S. Citizenship and Immigration Services (USCIS) as well as general considerations regarding the H-1B category.

Increase to the H-1B Registration Fee

Since the beginning of the H-1B registration process, the registration fee has been a nominal $10 per registrant. Last year, USCIS announced a broad fee schedule adjustment that increased filing fees for many USCIS petitions. Included within this announcement was an increase to the H-1B lottery registration fee from $10 per registrant up to $215 per registrant, effective for this year’s lottery registration process. As has historically been the case, the lottery registration fee is non-refundable and is necessary in order to participate in the H-1B registration process.

Specialty Occupation

USCIS recently updated federal regulations to confirm that in order for a position to be properly classified as a “specialty occupation”, an H-1B petitioner must confirm that at least a bachelor’s degree in one or more specific fields is required for the position and that the required degree field is “directly related” to the duties of the position. Satisfaction of this criteria should be vetted and confirmed early in the process (ideally before submitting the H-1B registration) so that the petitioner can be more confident of the ultimate approvability of the H-1B petition if the registration is selected in the lottery.

Timeline for the H-1B Lottery Registration

It is anticipated that USCIS will release the exact dates for the 2026 fiscal year H-1B lottery process in the near future. Consistent with past practice and guidance, it is anticipated that the registration window will be open for approximately three weeks in March with the lottery selection process being conducted late March 2025. The first day that petitioners will be able to file H-1B petitions for registrants selected in the lottery will be April 1, 2025 and the filing window will remain open through June 30, 2025.

New H-1B Visas / Who Should be Considered?

There remain a total of 65,000 new H-1B visas available for the coming fiscal year with an additional 20,000 new H-1B visas available and reserved for individuals who graduated from a U.S. institution of higher education with a master’s degree or higher. The odds of getting selected in lottery will ultimately be determined by the volume of registrants in March 2025.

Potential candidates that employer should consider for the lottery include foreign national students currently working under education-related work allowances (e.g., Optional Practical Training or Curricular Practical Training); foreign nationals working for the employer based on dependent work authorization and foreign nationals working in other nonimmigrant classifications.

If you have questions regarding the H-1B process or other immigration options, please contact one of the immigration specialists in Koley Jessen’s Employment, Labor and Benefits group.

This content is made available for educational purposes only and to give you general information and a general understanding of the law, not to provide specific legal advice. By using this content, you understand there is no attorney-client relationship between you and the publisher. The content should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

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