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The H-1B visa program is a critical pathway for U.S. employers to hire foreign professionals in specialty occupations. As we approach the Fiscal Year 2026 (FY2026) H-1B lottery, it's essential to understand the process, key dates, recent changes, and other possible changes to navigate the system effectively.
H-1B Lottery Selection Data
The H-1B visa is capped annually, with 65,000 visas available under the regular cap and an additional 20,000 for individuals holding advanced degrees from U.S. institutions. Due to high demand, U.S. Citizenship and Immigration Services (USCIS) conducts a lottery to select applicants for these visas.
What are the chances of getting selected in the H-1B lottery?
18%; approximately 1 in 5 chances
of a registered foreign national getting selected in the H-1B lottery. You can read more about historical data on the number of registrations and selections in this article.
How Trump Administration may impact H-1B FY2026 Lottery in 2025?
As the 2025 FY2026 H-1B lottery season approaches, it's crucial for employers to stay informed about potential policy changes under the Trump administration that could impact the process. While specific regulations for FY2026 have yet to be finalized, several proposed changes and past initiatives provide insight into possible directions:
1. Wage-Based Selection Process
2. Increased Minimum Wage Requirements
3. Narrowed Definition of 'Specialty Occupation'
4. Enhanced Compliance and Anti-Fraud Measures
5. Potential Reduction in H-1B Cap Numbers
6. Restrictions on Third-Party Worksite Placements
Preparation Recommendations
Stay Informed: Regularly monitor official announcements from U.S. Citizenship and Immigration Services (USCIS) and the Department of Labor for updates on policy changes.
Consult Legal Experts: Engage with immigration attorneys to navigate the evolving landscape and ensure compliance with new regulations.
Review Compensation Structures: Assess and adjust wage offerings to align with potential wage-based selection criteria and increased minimum wage requirements.
Audit Job Descriptions: Ensure that positions intended for H-1B sponsorship meet the 'specialty occupation' criteria as defined by current or forthcoming regulations.
Enhance Documentation Practices: Maintain comprehensive records of employment terms, worksite locations, and compliance measures to prepare for potential audits or site visits.
By proactively addressing these potential changes, employers can better position themselves to navigate the FY2026 H-1B lottery process under the evolving policies of the Trump administration.
Timeline & Changes: What to expect in 2025?
Increased Registration Fee Effective FY2026
$10 to $215 per beneficiary
This change aims to deter frivolous or duplicate registrations. Source: Mondaq
Key Dates for FY2026 H-1B Lottery
Recent Changes Impacting the H-1B Lottery
Steps to Register for the H-1B Lottery
To participate in the H-1B lottery, employers should follow these steps:
Create a USCIS Account
Complete the H-1B Lottery Registration Process
Submit Registration Fee
Monitor the Lottery Selection Results
Prepare and Submit the H-1B Petition
Addressing New Requirements and Compliance
Common Mistakes to Avoid
To improve the chances of a successful H-1B registration, avoid these common pitfalls:
Duplicate Registrations: Submitting multiple registrations for the same beneficiary can lead to disqualification.
Incorrect Information: Ensure all information, especially passport details, is accurate and matches official documents.
Stay Informed
In 2025, staying informed about the H-1B lottery process and adhering to the latest guidelines will be crucial for employers. Talk to your immigration counsel and plan for any upcoming changes. We'll update this blog as we become aware of more information.
Content in this publication is not intended as legal advice, nor should it be relied on as such. For additional information on the issues discussed, consult a WayLit-affiliated attorney or another qualified professional.
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