Reference · How the program works

H-1B Lottery: How Selection Works (FY2027)

Last scanned: · Last verified: · XH1B

Review scope and corrections

This review checks selection rules against 8 CFR 214.2 and the weighted-selection final rule. It reads the initial FY2027 agency announcement and checks the guide’s data descriptions against its queries.

Corrected the initial FY2027 registration notice and separated its announced schedule from later changes. Checked weighted selection and kept October 8 season figures explicitly dated.

The current USCIS registration page is unavailable. The October 8 season figures are retained as a dated observation, not newly verified current totals or individual odds.

Cap-season registration, selection, petition review, and any approval are separate steps. Selection permits a petition; USCIS can still deny it. From FY2027, selection uses wage-weighted entries. The references give the dated rules and official statistics.[1][2]
Regular cap + degree exemption
85,000[3]
Registration fee
$215
FY2027 draw
Weighted
Petition window
90+ days

The four steps

What are the four steps of the H-1B cap season?

The word lottery covers only the second step. A cap-subject H-1B petition passes through all four steps. Each step has its own rules and clock. FY2027 cap employment can start on or after October 1, 2026.

  1. 1. Registration

    What happens
    The employer enters the beneficiary during the announced USCIS registration window and pays $215 per registration.[4][5]
    The gate
    A petition and certified LCA are not required at registration. One registration per beneficiary per prospective petitioner.

  2. 2. Selection

    What happens
    When demand exceeds the cap, USCIS selects beneficiaries whose registrants may file petitions. The regular cap is 65,000, with an exemption for up to 20,000 qualifying U.S. advanced-degree beneficiaries. Treaty set-asides also affect the regular pool.
    The gate
    From FY2027, the draw uses wage-weighted entries for each unique beneficiary. Multiple employers do not create separate beneficiary draws; the lowest reported wage level controls.

  3. 3. Petition

    What happens
    A selected candidate may be filed: a certified Labor Condition Application plus Form I-129 with fees, inside a filing window of at least 90 days.
    The gate
    Selection is permission to file, not permission to work.

  4. 4. Approval

    What happens
    USCIS decides the petition. Approval identifies the authorized period; denial remains possible. Cap employment starts no earlier than October 1 of the relevant fiscal year and requires the applicable status or admission.[6]
    The gate
    Selection does not establish eligibility. USCIS reviews the specialty occupation, beneficiary qualifications, certified LCA, and other petition requirements.

Step 1: Registration

How does H-1B registration work?

USCIS's initial FY2027 announcement gives March 4 through March 19, 2026 for registration. Check the agency's season notices for any later change to the closing time. The employer or its attorney submits the beneficiary's identity and degree details online. From FY2027, registration also requires the position's SOC code, intended area of employment, and wage level. A certified LCA is not required at registration.[7]

The fee is $215 per registration, set by the April 2024 fee rule. Each employer registers each candidate it intends to file for. Duplicate registrations for the same person from the same employer are thrown out; the same person registered by different employers is allowed, and step 2 explains how that is counted.[8]

Step 2: Selection

How does the lottery pick winners?

If eligible unique beneficiaries do not exceed the available cap numbers, USCIS can select all properly submitted registrations. Otherwise, it selects beneficiaries for the regular cap and then the qualifying U.S. advanced-degree exemption. The regular cap is 65,000, including 6,800 set aside for the Chile and Singapore H-1B1 treaties. Up to 20,000 qualifying U.S. advanced-degree beneficiaries are exempt from the regular cap. Unused H-1B1 numbers can return under the statutory rule.

USCIS uses a wage-weighted draw from FY2027.

Level IV
4 entries
Level III
3 entries
Level II
2 entries
Level I
1 entry

USCIS uses the lowest level across all registrations for that person. Each selected person counts once toward the cap. For multiple worksites or positions, the registration must use the lowest applicable wage level. A wage range uses its lowest wage.

Season observation: October 8, 2026

The October 8, 2026 review records USCIS reporting both FY2027 caps reached, without a full FY2027 registration and selection table on the registration page. Its FY2026 table gives 343,981 eligible registrations and 120,141 selected registrations. Those are registration counts, not individual odds. This review cannot verify later updates to that agency page.

Step 3: Petition

What happens after selection?

Selection shows up as a notice in the USCIS online account. It names the filing window: at least 90 days, opening no earlier than April 1 for work starting October 1. The employer now assembles the real case: a Labor Condition Application certified by the Department of Labor (the wage promise behind every filing), Form I-129, and the fee stack (line by line here).

The September 2025 proclamation added a separate $100,000 payment for certain new petitions. A court vacated its implementing guidance in 2026. The proclamation was extended through September 21, 2027. Check the proclamation guide for its scope and current court status. Premium processing uses a 15-business-day action clock (processing times), rather than a promise of approval.[9][10][11][12]

USCIS can deny a selected case. The petition must establish a bona fide specialty-occupation position, the beneficiary’s qualifications, and the other H-1B requirements. Selection alone establishes none of these.

Step 4: Approval

What does approval actually grant?

The petition approval notice gives the decision and validity period. A normal initial grant can run up to three years, subject to the six-year limit and applicable exceptions. A change of status takes effect on its approved date. A worker abroad must obtain any required visa and be admitted in H-1B status before work starts (case status and receipt numbers).[13]

FY2027 cap employment starts no earlier than October 1, 2026. Approval dates and validity periods can differ. Extensions for workers already counted against the cap usually avoid a new draw. Cap-exempt employers can file year-round. Moving from a cap-exempt employer to a cap-subject employer can require selection if the worker has not been counted against the cap.

Not selected

What if a candidate is not selected?

An unselected registration does not permit a cap petition. The $215 fee is not refunded. USCIS can select more beneficiaries in later rounds if it needs more petitions to fill the cap. Otherwise, the employer can register the candidate in the next season. A worker previously counted against the cap may qualify for an exemption (who is exempt from the cap).

Qualifying higher-education institutions, related or affiliated nonprofits, nonprofit research organizations, and government research organizations can use cap exemptions. Each exemption has conditions. An unselected worker needs a separate basis to maintain status or work; registration alone grants neither.

Some F-1 students qualify for a cap-gap extension when a timely, nonfrivolous cap-subject H-1B petition requests a change of status. Registration or selection alone does not qualify. The current rule extends eligible F-1 status and any qualifying OPT work authorization to April 1 of the requested fiscal year, or the approved petition’s validity start if earlier. Petition and change-of-status outcomes can end the extension sooner. A status extension does not grant OPT work authorization to a student who lacks it.

FAQ

H-1B lottery FAQ

H-1B lottery FAQ

What are the odds of winning the H-1B lottery?

Do not treat selected registrations divided by eligible registrations as a person's odds. The FY2026 figures recorded in the October 8 review are 120,141 selected and 343,981 eligible registrations. Selection is beneficiary-based and advanced-degree eligibility matters. FY2027 uses wage-weighted entries. Check the agency's current table for later season figures.

When is the H-1B lottery?

USCIS announces the exact dates for each cap season. Its initial FY2027 notice gives March 4 through March 19, 2026. Check the cap-season page and later notices for changes to the announced schedule.

How does the FY2027 weighted H-1B lottery work?

USCIS uses a wage-weighted draw from FY2027. Each unique beneficiary receives 4 entries at wage Level IV, 3 at Level III, 2 at Level II, or 1 at Level I. USCIS uses the lowest level across all registrations for that person. Each selected person counts once toward the cap.

Does winning the H-1B lottery mean the visa is approved?

No. Selection only grants permission to file a petition inside a window of at least 90 days. The employer still needs a certified Labor Condition Application, an approvable Form I-129, and the fees; USCIS can deny the petition after selection.

Who does not need the H-1B lottery?

Institutions of higher education, qualifying affiliated nonprofits, nonprofit research organizations, and government research organizations can file cap-exempt petitions. Extensions and employer changes for workers previously counted against the cap usually avoid another draw. Prior H-1B status alone does not establish a cap exemption: a worker moving from a cap-exempt employer can need selection.

How much does it cost to enter the H-1B lottery?

The registration fee is $215 per registration, paid by the employer. It does not count toward the petition fees due only if the candidate is selected. The fee is not refunded when a candidate is not selected.

Does H-1B registration extend an F-1 student’s status or work authorization?

Some F-1 students qualify for a cap-gap extension when a timely, nonfrivolous cap-subject H-1B petition requests a change of status. Registration or selection alone does not qualify. The current rule extends eligible F-1 status and any qualifying OPT work authorization to April 1 of the requested fiscal year, or the approved petition’s validity start if earlier. Petition and change-of-status outcomes can end the extension sooner. A status extension does not grant OPT work authorization to a student who lacks it.

References

  1. [1] Law or rulemaking · eCFR. 8 CFR 214.2. 8 CFR 214.2(h)(8); 8 CFR 214.2(h)(2)(i)(A), (D)–(E); (h)(4)(i)(B), including (B)(3) third-party requirements; (h)(9)(i); (h)(10)(ii), (iv); (h)(18): petition, LCA, approval and denial notices; 8 CFR 214.2(h)(9)(iii); 8 CFR 214.2(h)(13); 8 CFR 214.2(f)(5)(vii)(A)–(D)The regular cap, advanced-degree exemption, employer exemptions, and prior cap counting have distinct conditions.; Petition approval, visa issuance, admission, and work authorization are separate steps.; The normal six-year limit has recapture, AC21, and other specified exceptions.; A timely, nonfrivolous cap-subject change-of-status petition is required. Registration or selection alone does not grant this extension. Petition and status-request outcomes can terminate it.Checked 2026-10-08.
  2. [2] Law or rulemaking · DHS. Weighted Selection of Registrants and Petitioners for the H-1B Cap. 90 FR 60864; final rule, effective February 27, 2026; amended 8 CFR 214.2(h)(8)(iii)FY2027 weighting, lowest wage level across registrations and worksites, and registration fields.Checked 2026-10-12.
  3. [3] Law or rulemaking · U.S. Congress / Government Publishing Office. INA 214(g): H-1B numerical limits and exemptions. 8 USC 1184(g)(1), (4)–(8)U.S. Code, 2024 edition. Includes the regular cap, qualifying advanced-degree exemption, prior counting, and Chile/Singapore set-asides.Checked 2026-10-08.
  4. [4] Guidance · USCIS. H-1B Electronic Registration Process. FY2027 dates, beneficiary-centric selection, duplicate registrations, and FY2026 statisticsSeason statistics have a different denominator from unique beneficiaries. Check the current agency page for updates.
  5. [5] Law or rulemaking · eCFR. USCIS fee schedule. 8 CFR 106.2(a)(3)(i), (c)(4)–(5), (c)(8), (c)(11) and (c)(13)Includes registration, I-129, small-employer and nonprofit rates, and the asylum program fee in paragraph (c).Checked 2026-10-17.
  6. [6] Law or rulemaking · eCFR. Admission and the arrival-departure record. 8 CFR 235.1(a), (f), and (h)Form I-94 records admission or parole. An approved petition and any required visa do not alone establish admission.Checked 2026-10-08.
  7. [7] Guidance · USCIS. Initial FY2027 registration announcement. January 30, 2026; initial announced March 4–19 registration periodThis is the initial schedule. Check later agency notices for changes.Checked 2026-10-12.
  8. [8] Law or rulemaking · DHS. USCIS Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements (2024 final rule). 89 FR 6194; effective April 1, 2024; I-129, registration and Asylum Program Fee changesHistorical rule for the change from earlier fees. Use the current regulations for current amounts.Checked 2026-10-17.
  9. [9] Guidance · The White House. Restriction on Entry of Certain Nonimmigrant Workers. Proclamation 10973, September 19, 2025; sections 1–3The proclamation text and implementing guidance are distinct authorities.
  10. [10] Primary record · U.S. Court of Appeals for the First Circuit. State of California v. Mullin. No. 26-1699; July 24, 2026 order; pages 1–3 and dispositionThe court denies a stay of the June 8 judgment that vacates implementing agency actions. This dated order does not establish the status of later proceedings.Checked 2026-10-12.
  11. [11] Law or rulemaking · Office of the Federal Register. Proclamation 11069: Restriction on Entry of Certain Nonimmigrant Workers. 91 FR 60497; signed September 18, 2026; preamble and section 1The preamble states September 21, 2027. Section 1 sets the effective date at September 21, 2026 and says the restriction expires 12 months later.Checked 2026-10-12.
  12. [12] Law or rulemaking · eCFR. Premium processing action clock. 8 CFR 106.4(e)(2)Read paragraph (f) for action, RFE reset, and refunds. Premium processing does not guarantee approval.Checked 2026-10-12.
  13. [13] Guidance · U.S. Department of State. Temporary Worker Visas. H-1B eligibility, approved petitions, visa applications, and admission

Selection leads to separate filing and review steps. Next: the LCA wage promise and the petition record.

Past the draw

What Is the H-1B Visa?Next: The LCA, Explained