Overview
The H-1B visa is the primary work visa for specialty occupation foreign workers in the US. The annual cap — 65,000 regular visas plus 20,000 for US Master’s degree holders — creates far more demand than supply. USCIS manages this through an annual electronic lottery called the H-1B cap selection process.
Each fiscal year (October 1 to September 30), USCIS opens a registration window in March. Employers register their prospective H-1B workers. USCIS selects registrations by lottery. Selected workers’ employers then have 90 days to file complete H-1B petitions. If approved, H-1B status begins October 1.
Cap Structure
| Pool | Annual Slots | Who Is Eligible |
|---|---|---|
| Regular Cap | 65,000 | All eligible workers with a US Bachelor’s or equivalent |
| US Master’s Cap | 20,000 | Workers with a US Master’s degree or higher |
| Total Cap-Subject Visas | 85,000 | Per fiscal year |
If you have a US Master’s degree, you enter the 20,000-slot Master’s pool first. If not selected there, you automatically enter the regular 65,000-slot pool — giving you two chances in the same lottery round.
Registration Process
How Selection Works
USCIS first fills the 20,000 US Master’s cap slots from all eligible US Master’s registrations. Any unselected US Master’s registrations then move to the regular 65,000 cap pool. The regular cap pool is filled by random selection from all remaining registrations. All selection is by computer-generated random lottery — there is no way to improve your odds other than having multiple qualifying employers register you.
What are your odds? Enter your degree type and expected wage level below to estimate your H-1B selection probability for this year’s lottery.
After Selection — Filing the Petition
If your registration is selected, your employer has 90 days from the date on the selection notice to file the complete H-1B petition (Form I-129) with USCIS. The petition includes the certified LCA, your degree credentials, employer documentation, and applicable fees ($1,710 (as of early 2026)–$4,710+ (as of early 2026) depending on employer size and premium processing).
Premium processing (currently $2,805 (as of early 2026) additional) is available and results in a decision within 15 business days. Most employers and workers opt for premium processing to receive an approval before October 1.
Cap-Exempt Employers — No Lottery Required
Certain employers are exempt from the H-1B cap and can hire H-1B workers at any time of year without going through the lottery. Cap-exempt employers include:
- Institutions of higher education (universities and colleges)
- Non-profit organizations affiliated with or related to institutions of higher education
- Non-profit research organizations or governmental research organizations
- Any employer hiring a worker who will be primarily employed at a cap-exempt organization
If you are not selected in the lottery, pursuing a position at a cap-exempt employer is one of the most reliable paths to H-1B status without waiting for the next lottery cycle.
If Not Selected — Your Options
- Try again next year if you remain on a valid status (F-1 STEM OPT, TN, E-3, etc.)
- Pursue cap-exempt employment — universities, non-profits, research organizations
- Explore alternative visas: O-1A (extraordinary ability), TN (Canadian/Mexican), E-3 (Australian), H-1B1 (Chilean/Singaporean)
- Consider EB-1A or EB-2 NIW if your credentials support a self-petition green card
- Work abroad temporarily — some multinational employers can transfer you to a non-US office and bring you back on L-1 later
Historical Selection Odds
| Year | Registrations | Approx. Overall Odds |
|---|---|---|
| FY 2021 | 274,237 | ~31% |
| FY 2022 | 308,613 | ~27% |
| FY 2023 | 483,927 | ~18% |
| FY 2024 | 758,994 | ~11% |
| FY 2025 | 470,342 | ~18% |
The increase in FY2024 registrations led USCIS to implement changes to the registration system, including stricter identity verification measures. Registration volume has since decreased. Odds fluctuate year to year based on total registrations received.