Section A: What is the H-1B visa lottery?
The number of registrations submitted during the annual H-1B registration window typically exceeds the number of cap-subject visas available. USCIS therefore uses a selection mechanism to determine which employers are permitted to proceed to the petition stage.
For the FY 2026 cap season, the selection mechanism operated as a random H1B lottery. All eligible registrations submitted during the registration window are included in the selection pool once duplicate and coordinated registrations are filtered out under the beneficiary-centric system. Selection is not based on when a registration is submitted during the window, and USCIS does not assess the merits of the job or the beneficiary at this stage.
From the FY 2027 cap season onward, USCIS is applying a weighted selection process under final DHS regulations effective February 27, 2026. Under this system, registrations are not selected purely at random. Instead, USCIS increases the probability of selection for registrations associated with higher-skilled and higher-paid beneficiaries. The weighting affects the likelihood of selection but does not involve a case-by-case adjudication or qualitative assessment of individual registrations at the registration stage.
In both FY 2026 and FY 2027, the registration window remains open for the full stated period, even if the number of registrations received exceeds the annual cap early in the window. Selection only occurs after the registration period has closed.
Employers with selected registrations are invited to file a full H-1B petition within the filing window specified by USCIS. Selection does not guarantee approval. Each petition is assessed independently against the statutory and regulatory H-1B requirements once filed.
If the cap is not reached after the initial round of filings, USCIS may conduct additional selection rounds later in the fiscal year. Any additional selections follow the same selection methodology that applies to that cap season, meaning random selection for FY 2026 and weighted selection for FY 2027 and later seasons.
1. How many H1B visas are issued each year through the lottery?
The number of H1B visas available each year under the cap-subject program is set by statute. The regular annual cap is 65,000 visas. In addition, up to 20,000 visas are available under the advanced degree exemption for beneficiaries who hold a US master’s degree or higher from an eligible institution.
These figures apply regardless of whether USCIS uses a random selection process or a weighted selection process. The introduction of weighted selection for the **FY 2027 cap season** does not change the statutory cap numbers. It changes how registrations are selected when demand exceeds supply, not how many visas are available.
Within the regular cap, 6,800 visas are reserved each year for citizens of Chile and Singapore under the relevant Free Trade Agreements. Any unused visas from this allocation are returned to the general H1B cap for use in that fiscal year.
The advanced degree exemption operates as a separate allocation. USCIS first runs the selection process for the regular cap. It then conducts a separate selection process for the advanced degree exemption. Registrations that qualify for the advanced degree exemption but are not selected are returned to the regular cap selection pool.
For FY 2026, both the regular cap and the advanced degree exemption are filled through random selection. For FY 2027 and future cap seasons, both allocations are filled using the weighted selection process, increasing the probability of selection for registrations assigned to higher OEWS wage levels based on the proffered wage for the SOC code and area of intended employment.
NNU: Attorney Perspective
Employers are advised to approach this year’s H1B cap-subject program differently from past rounds. With registration selection no longer purely random under the H1B lottery, the historic bottleneck has been replaced by a weighted selection process that increases the probability of selection for higher-paid and higher-skilled roles. While this is not a full merits assessment, it does mean that selection outcomes are no longer neutral across all registrations.
As a result, employers may be able to influence their prospects at the registration stage by being deliberate about how a role is positioned, particularly in relation to pay level and seniority. This may well feel like disproportionate effort or premature investment long before USCIS ever reviews a petition, especially given that selection outcomes remain uncertain. However, role design and wage strategy now carry real consequences. Employers that don’t address these issues upfront risk materially reducing the likelihood of ever reaching the petition stage.
Section B: H1B application process
You can only apply for an H1B visa if you have a qualifying job offer in the United States from an eligible US employer. If this requirement is met, the H1B application process follows a defined sequence.
The cap-subject H1B process consists of three core stages. The first is electronic registration. The second is the USCIS selection stage, which may operate as a random lottery or a weighted selection depending on the fiscal year. The third is the full H1B petition stage for those registrations that are selected.
Selection at the registration stage only determines whether an employer is permitted to file a petition. It does not assess eligibility and does not guarantee that an H1B petition will be approved.
| Key dates | Key stage |
|---|---|
| February (pre-registration) | Employers prepare registration details, confirm role eligibility, confirm wage approach, and set up USCIS online account access. |
| March (registration window) | Electronic registration submitted for each beneficiary during the USCIS registration window. |
| Late March | USCIS selection results issued through online accounts and selected registrations receive a filing window. |
| From April (typical filing window) | Full H1B petition filed with USCIS within the specified window, including certified LCA and required fees. |
| June to September (adjudication period) | USCIS adjudicates petitions and may issue RFEs before deciding. |
| October 1 | Earliest employment start date for cap-subject H1B approvals for the relevant fiscal year. |
| Any time after approval (if outside the US) | Consular visa stamping and travel planning where the beneficiary is abroad. |
Stage 1. H1B Electronic Registration
The H1B application process begins with the initial electronic registration phase. Employers, or their authorized representatives, submit an online registration for each prospective H1B beneficiary during the annual USCIS registration window.
For the FY 2027 cap season, the registration window is expected to take place in March 2026. USCIS publishes specific opening and closing dates for each cap season, and employers must rely on the dates issued for the relevant fiscal year. Registration timelines from prior years should not be treated as indicative of future cycles.
During the registration window, employers submit basic information about the company and the prospective worker and pay the required registration fee. No supporting documents are submitted at this stage.
From the FY 2027 cap season, registration inputs also include the proffered wage framework used for weighting. Registrants are required to identify the appropriate SOC code and the area of intended employment used as the basis for the indicated OEWS wage level and to select the highest OEWS wage level that the beneficiary’s proffered wage equals or exceeds for that SOC code and location. Where the beneficiary will work in multiple locations, registration generally reflects the work location corresponding to the lowest equivalent wage level, while the later-filed petition will need to list all worksites.
Under the beneficiary-centric registration system, USCIS conducts selection by unique beneficiary, so multiple registrations for the same beneficiary do not increase the probability of selection and can create integrity risk if they are coordinated or otherwise non-compliant. Duplicate or coordinated registrations do not increase the chance of selection and can trigger additional scrutiny.
As part of the registration, employers are required to provide details from a valid passport or travel document for each beneficiary. This requirement applies before any selection weighting is applied.
The registration stage precedes the petition stage and is only followed by a selection process if registrations exceed the annual cap, which is typically the case. For FY 2026, selection is random. For FY 2027 and future cap seasons, USCIS applies a weighted selection process, increasing the probability of selection for higher-paid and higher-skilled beneficiaries, without conducting a case-by-case merits assessment at the registration stage.
Stage 2. H1B Lottery Selection Phase
Once the registration period closes, USCIS determines whether the number of registrations received exceeds the annual H1B cap. Where registrations exceed the cap, USCIS conducts a selection process to identify which employers may proceed to file a full H1B petition.
For the FY 2026 cap season, USCIS conducts a random selection process. Each registered beneficiary has an equal chance of selection once duplicate and coordinated registrations have been filtered out under the beneficiary-centric system. Selection is not based on when a registration was submitted during the window, and there is no assessment of the merits of the role or the beneficiary at this stage.
From the FY 2027 cap season onward, the selection process changes. Under final DHS regulations effective February 27, 2026, USCIS applies a weighted selection process. Rather than selecting registrations purely at random, USCIS increases the probability of selection for registrations associated with higher-skilled and higher-paid beneficiaries. This weighting affects the likelihood of selection but does not involve a qualitative adjudication of the job or the individual at the registration stage.
Under the weighted selection framework, USCIS applies probability weighting mechanically rather than through qualitative assessment. Each registration is assigned to an OEWS-equivalent wage level based on the proffered wage for the identified SOC code and area of intended employment stated at registration. Registrations at wage level IV are entered into the selection pool four times, wage level III three times, wage level II twice, and wage level I once. All registrations remain eligible for selection, but higher wage levels carry a proportionally greater likelihood of being selected.
In both FY 2026 and FY 2027, USCIS notifies employers of selection outcomes through the USCIS online account system. Selected registrations are marked as “Selected,” allowing the employer to proceed to the petition stage. Registrations that are not selected remain marked as “Submitted” and may remain eligible for consideration if USCIS conducts additional selection rounds later in the fiscal year.
Selection in the lottery or weighted process only grants permission to file an H1B petition. It does not confirm eligibility and does not guarantee that the petition will be approved. Each petition is assessed independently against the H1B statutory and regulatory requirements once filed.
Stage 3. Full H1B Petition Phase
For registrations selected during the lottery or weighted selection process, the next step is the full H1B petition phase. At this stage, the employer must file a complete H1B petition with USCIS using Form I-129, together with the required supporting documentation and filing fees. The petition must be submitted within the filing window specified by USCIS, which is typically 90 days from the date of selection notification.
USCIS requires employers to use the correct edition of Form I-129 that is in force at the time of filing. Petitions submitted using an outdated edition of the form will be rejected. Employers therefore need to check the form edition requirements for the relevant cap season before filing.
Before submitting the petition, the employer is required to obtain a certified Labor Condition Application (LCA) from the Department of Labor. The LCA confirms that the H1B worker will be paid the higher of the prevailing wage or the actual wage paid to similarly employed workers and that employing the worker will not adversely affect the working conditions of other employees. There is no government filing fee for the LCA.
Once the petition is filed, USCIS reviews the submission to assess whether the role qualifies as a specialty occupation, whether the beneficiary meets the qualification requirements, and whether the employer has complied with wage, working condition, and filing obligations. USCIS may approve the petition, deny it, or issue a Request for Evidence seeking further information.
For cap-subject petitions, an approved H1B petition generally authorises employment to begin from October 1 of the relevant fiscal year. This start date applies regardless of whether the selection occurred under the FY 2026 random lottery or the FY 2027 weighted selection process. Cap-exempt petitions are not subject to the October 1 start date and follow different timing rules.
Approval of the petition does not in itself grant permission to enter the United States. Where the beneficiary is outside the United States, the worker must apply for an H1B visa at a US embassy or consulate before travelling. Where the petition is approved as a change of status or extension of stay within the United States, no visa application is required at that stage.
NNU: Attorney Perspective
The H1B process has always been protracted and multi-staged, but the move away from a purely random H1B lottery changes how those stages interact. Fundamentally, information submitted at the H1B registration stage now has practical consequences later in the process. Decisions taken early can resurface at the petition stage, even though registration, the LCA and the petition are filed months apart and assessed by different systems.
Rushing H1B registration without properly stress-testing role duties, seniority and wage logic can be fatal for an application. A role pitched too lightly in an attempt to optimize selection probability may well unravel under the petition-stage scrutiny, while a role pitched too conservatively may never be selected at all or make it past the first stage. Registration, LCA, and petition evidence need to tell the same story from the outset.
Section C: H1B lottery outcome
The registration figures published by USCIS for prior cap seasons illustrate the scale of demand for cap-subject H1B visas and the degree of oversubscription in recent years. These figures reflect the number of registrations submitted during each registration window, rather than the number of petitions ultimately approved.
The data below represents historic USCIS registration outcomes under selection systems that applied at the time. For earlier cap seasons and for the **FY 2026 cap season**, selection was conducted on a random basis once duplicate and coordinated registrations were filtered out under the beneficiary-centric system.
From the FY 2027 cap season onward, USCIS applies a weighted selection process. As a result, historic selection rates should not be treated as predictive of future outcomes. The introduction of weighting means that selection probabilities will differ depending on factors such as the wage level and skill profile associated with a registration.
Registrations listed as “eligible registrations for beneficiaries with multiple eligible registrations” reflect historic patterns that existed before the full impact of beneficiary-centric rules and enhanced integrity measures took effect. These figures should be read in context and do not indicate that submitting multiple registrations improves selection outcomes under the current or future cap rules.
The number of registrations selected in any given year reflects USCIS’s operational need to account for withdrawals, denials, and non-filings, rather than the statutory cap alone. USCIS may select more registrations than the cap number in order to ensure that the full quota is ultimately filled.
1. If you are successful in the H-1B visa lottery
If a registration is selected under the H-1B cap-subject process, USCIS will notify the employer through the online registration system. Selection allows the employer to proceed to the petition stage but does not confirm eligibility or guarantee approval.
Before filing the petition, the employer is required to submit a Labor Condition Application using Form ETA-9035 to the US Department of Labor for certification. The LCA sets out the employer’s wage and working condition commitments and confirms that employing the H-1B worker will not adversely affect similarly employed workers.
As part of the LCA, the employer attests that the worker will be paid the higher of the prevailing wage for the occupation in the relevant geographic area or the actual wage paid to similarly employed workers within the organization. The employer also confirms that there is no strike or lockout affecting the role at the time the LCA is filed.
Once the LCA is certified, the employer must file a complete H-1B petition with USCIS using Form I-129, together with the certified LCA, supporting evidence, and the required filing fees. The petition must be filed within the USCIS filing window specified for the relevant cap season.
USCIS will then review the petition against the H-1B eligibility requirements. This review applies equally to petitions selected under the FY 2026 random lottery and those selected under the FY 2027 weighted selection process. USCIS may approve the petition, deny it, or issue a Request for Evidence seeking additional information.
If the petition is approved and the worker is outside the United States, the worker must apply for an H-1B visa at a US embassy or consulate before travelling. This involves completing Form DS-160, paying the applicable consular fees, and attending a visa interview. Approval of the petition does not guarantee visa issuance or admission at the border.
Where the petition is approved as a change of status or extension of stay within the United States, no visa application is required at that stage. For cap-subject cases, approved employment generally begins from October 1 of the relevant fiscal year, regardless of whether selection occurred under the FY 2026 or FY 2027 rules.
2. If you’re unsuccessful in the H-1B lottery
If a registration is not selected during the initial selection round, the employer will see the registration status remain as “Submitted” in the USCIS online system. An unselected registration does not permit the employer to file an H-1B petition for that fiscal year unless it is later selected.
USCIS may conduct additional selection rounds later in the fiscal year if the cap is not met after the initial filing period. This can occur where selected employers do not file petitions, petitions are withdrawn, or petitions are denied at higher than anticipated rates. Any additional selections follow the same methodology that applies to that cap season, meaning random selection for **FY 2026** and weighted selection for **FY 2027 and future seasons**.
If a registration is not selected and no further selection rounds are conducted, the employer and worker must wait until the next cap season to register again, unless the worker qualifies for a cap-exempt filing. Each cap season is independent, and prior non-selection does not carry forward or confer any priority in later years.
Where a worker is not selected, employers may also consider alternative immigration options that do not rely on the H-1B cap. These may include cap-exempt H-1B employment, other nonimmigrant work visas, or continued employment outside the United States pending a future cap season. The appropriate option will depend on the worker’s role, qualifications, and immigration history.
3. Alternatives to the H-1B visa
If a worker is not selected in the H-1B cap-subject process, or if timing or selection risk makes the lottery impractical, employers may need to consider alternative visa options that do not rely on the annual cap.
One option is the L-1 visa, which allows multinational companies to transfer qualifying employees to the United States in managerial, executive, or specialised knowledge roles. L-1 visas are not subject to the H-1B cap, but strict requirements apply in relation to prior overseas employment, corporate structure, and role eligibility.
Another potential option is the O-1 visa for individuals with extraordinary ability or achievement in fields such as science, education, business, the arts, or athletics. O-1 eligibility is assessed on evidence of sustained national or international recognition and does not involve a lottery or numerical cap.
In some cases, employers may also explore cap-exempt H-1B employment, such as roles with qualifying universities, nonprofit research organisations, or governmental research institutions. Cap-exempt H-1B petitions are not subject to the annual quota or selection process and can be filed year-round.
The suitability of any alternative depends on the worker’s qualifications, the nature of the role, the employer’s structure, and the organisation’s longer-term workforce planning needs. Careful analysis is required to assess eligibility, timing, and compliance risk.
NNU: Attorney Perspective
Rushing H1B registration without properly stress-testing role duties, seniority and wage logic can be fatal for an application. A role pitched too lightly in an attempt to optimize selection probability may well unravel under the petition-stage scrutiny, while a role pitched too conservatively may never be selected at all or make it past the first stage. Registration, LCA, and petition evidence need to tell the same story from the outset.
Section D: Can you improve your H1B visa lottery chances?
Because the H1B cap-subject program operates through a registration and selection system, applicants and sponsoring employers often want to know whether there are steps that can improve the likelihood of success.
For the FY 2026 cap season, selection is random once duplicate and coordinated registrations have been filtered out. There are no lawful ways to increase the probability of selection at the registration stage. Submitting multiple registrations for the same beneficiary does not improve selection odds and can result in increased scrutiny or rejection.
From the FY 2027 cap season onward, USCIS applies a weighted selection process. While there is still no qualitative adjudication at the registration stage, the probability of selection is increased for registrations associated with higher-skilled and higher-paid beneficiaries. This means that factors such as the wage level offered for the role can affect selection likelihood, even though all registrations at all wage levels remain eligible.
Employers and applicants can reduce risk by ensuring that registrations are accurate, compliant, and supported by bona fide job offers. Registrations should reflect realistic roles, appropriate wage levels, and genuine employment needs. Coordinated or duplicative registrations submitted to manipulate the system are prohibited.
Selection outcomes cannot be influenced by when a registration is submitted during the registration window. The registration window remains open for the full published period, and USCIS does not operate the selection process on a first-come, first-served basis.
Selection at the registration stage only determines whether an employer may file a petition. It does not guarantee approval. Petition-stage eligibility, evidence quality, and compliance remain decisive once a petition is filed.
| Cap Fiscal Year | Total Registrations | Eligible Registrations* | Eligible Registrations for Beneficiaries with No Other Eligible Registrations | Eligible Registrations for Beneficiaries with Multiple Eligible Registrations | Selected Registrations |
|---|---|---|---|---|---|
| 2021 | 274,237 | 269,424 | 241,299 | 28,125 | 124,415 |
| 2022 | 308,613 | 301,447 | 211,304 | 90,143 | 131,924 |
| 2023 | 483,927 | 474,421 | 309,241 | 165,180 | 127,600 |
| 2024 | 780,884 | 758,994 | 350,103 | 408,891 | 188,400 |
| 2025 | 479,953 | 470,342 | 423,028 | 47,314 | 135,137 |
| 2026 | 358,737 | 343,981 | 336,153 | 7,828 | 120,141 |
NNU: Attorney Perspective
Making it out of the initial registration stage is no longer just about being lucky in the H1B lottery. Whether a case progresses to the petition stage now turns more on whether the role aligns with the profile USCIS is incentivised to prioritise under the weighted selection system.
That does not mean higher pay guarantees selection. However, it does mean that lower-paid roles are likely to face less favourable odds, even though they remain eligible to be selected.
Section E: Summary
The H1B lottery is the gateway to the cap-subject H1B visa program, but the rules governing selection are no longer uniform from year to year. For the FY 2026 cap season, USCIS continues to use a random lottery, applied after beneficiary-centric deduplication, to determine which employers may file a full H1B petition. Selection at this stage allows an employer to proceed but does not assess eligibility or guarantee approval.
From the FY 2027 cap season onward, the selection framework changes in a material way. Under final DHS regulations effective February 27, 2026, USCIS replaces the purely random lottery with a weighted selection process. While all registrations remain eligible, those linked to higher-skilled and higher-paid roles are given a higher probability of selection. This weighting affects selection odds but does not involve qualitative adjudication at the registration stage.
Across all cap seasons, the H1B process remains structured around three stages: electronic registration, selection, and petition filing. Errors at the registration stage, duplicate or coordinated filings, and unrealistic role or wage structures continue to present compliance risks. Selection, whether random or weighted, only determines whether a petition can be filed. Approval depends on meeting the statutory and regulatory requirements at the petition stage.
Section F: Need Assistance?
NNU’s specialist US immigration attorneys can assist you in ensuring that your H1B visa petition is completed correctly, the required documentation is compiled and that the application process is managed effectively. As specialist legal advisers, we can also help you to consider alternative visa routes, given the highly competitive nature of the H1B program. If you have a question about the H1B visa, or any other US immigration-related matter, book a fixed fee telephone consultation to speak with one of our attorneys.
Section G: H1B lottery FAQs
What is the H1B lottery?
The H1B lottery is the selection stage of the cap-subject H1B process used when registrations exceed the annual visa quota. It determines which employers are permitted to file a full H1B petition for a specific fiscal year.
Is the H1B lottery random?
For the FY 2026 cap season, selection is random after beneficiary-centric deduplication. From the FY 2027 cap season onward, USCIS applies a weighted selection process that increases the probability of selection for higher-skilled and higher-paid beneficiaries.
What does weighted selection mean for the H1B lottery?
Weighted selection means USCIS no longer selects registrations purely at random. Instead, for FY 2027 and later cap seasons, USCIS increases the likelihood of selection for registrations linked to higher-skilled and higher-paid roles. All registrations remain eligible, but selection chances are no longer equal.
Does USCIS assess the merits of a job or applicant during the lottery?
USCIS does not conduct a qualitative or case-by-case adjudication at the registration stage. Even under the weighted system, selection is based on probability weighting rather than an assessment of the job duties or the individual’s credentials.
Can submitting multiple registrations improve my chances?
Under the beneficiary-centric registration system, each beneficiary is entered into the selection pool only once. Multiple or coordinated registrations do not increase selection odds and can trigger scrutiny or rejection.
Does applying earlier in the registration window improve selection chances?
The registration window remains open for the full published period, and selection is not based on when a registration is submitted during that window.
How many H1B visas are available each year?
The statutory cap provides for 65,000 H1B visas each year under the regular cap, with an additional 20,000 visas available under the advanced degree exemption for eligible US master’s degree holders. These numbers do not change under the weighted selection system.
What happens if my registration is selected?
If a registration is selected, the employer is permitted to file a full H1B petition within the USCIS filing window. Selection does not guarantee approval. The petition is assessed separately against all H1B eligibility requirements.
What happens if my registration is not selected?
If a registration is not selected, the employer cannot file a cap-subject H1B petition for that fiscal year unless USCIS conducts additional selection rounds. Employers may need to wait for the next cap season or explore cap-exempt or alternative visa options.
Are there exceptions to the H1B lottery?
Certain employers, including qualifying universities, nonprofit research organisations, and governmental research institutions, are exempt from the H1B cap. Extensions, amendments, and changes of employer for existing H1B holders are also generally cap-exempt.
Does the $100,000 Presidential Proclamation payment affect lottery selection?
The $100,000 payment requirement is an entry-related condition directed at certain beneficiaries outside the United States under the September 19, 2025 proclamation and it does not change the USCIS registration selection methodology. It does not affect whether a registration is selected under the H1B lottery or weighted selection process.
Section H: Glossary
| Term | Definition |
|---|---|
| H1B Visa | A nonimmigrant work visa that allows US employers to employ foreign nationals in specialty occupations that require theoretical and practical application of specialised knowledge. |
| H1B Cap | The annual numerical limit on new cap-subject H1B visas, set at 65,000 under the regular cap, with an additional 20,000 available under the advanced degree exemption. |
| H1B Lottery | The selection stage of the cap-subject H1B process used when registrations exceed the annual visa quota. For FY 2026 this operates as a random lottery, and from FY 2027 onward as a weighted selection process. |
| Weighted Selection Process | A DHS-mandated H1B selection mechanism effective for the FY 2027 cap season onward, under which USCIS increases the probability of selection for registrations associated with higher-skilled and higher-paid beneficiaries. |
| Random Selection | The H1B selection method used for the FY 2026 cap season, under which eligible registrations are selected at random after beneficiary-centric deduplication. |
| Electronic Registration | The mandatory online process through which employers submit basic information about a prospective H1B beneficiary during the annual registration window. |
| Beneficiary-Centric Registration | The H1B registration system under which each beneficiary is entered into the selection pool only once, regardless of how many registrations are submitted on their behalf. |
| Advanced Degree Exemption | An allocation of up to 20,000 additional H1B visas each year for beneficiaries who hold a US master’s degree or higher from an eligible institution. |
| Cap-Exempt Employer | An employer, such as a qualifying university or nonprofit research organisation, that is not subject to the annual H1B numerical cap. |
| Labor Condition Application (LCA) | A certification issued by the US Department of Labor confirming wage and working condition protections for H1B workers, required before filing Form I-129. |
| Specialty Occupation | A role that requires the theoretical and practical application of specialised knowledge and normally requires at least a bachelor’s degree or equivalent in a specific field. |
| Form I-129 | The petition filed by a US employer with USCIS to request H1B classification for a foreign worker. |
| Petitioner | The US employer that files an H1B petition on behalf of a foreign worker. |
| Beneficiary | The foreign national on whose behalf an H1B registration or petition is submitted. |
| Premium Processing | An optional USCIS service that provides expedited adjudication of certain petitions, including H1B, within a defined processing timeframe for an additional fee. |
| Consular Processing | The process by which an approved H1B beneficiary applies for a visa at a US embassy or consulate outside the United States. |
| Change of Status | A USCIS process that allows a foreign national already in the United States to change to H1B status without leaving the country. |
| Extension of Stay | The process of extending H1B status with the same employer by filing a new petition with USCIS. |
| Cap-Gap | A provision that allows certain F-1 students to remain in the United States and continue working where their H1B petition has been selected and is pending or approved. |
Section I: Additional resources and links
| Resource | What it covers | Link |
|---|---|---|
| USCIS H1B cap season | Official overview of the H1B cap, registration process, and filing stages | https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-1b-specialty-occupations/h-1b-cap-season |
| H1B electronic registration process | USCIS guidance on how employers submit cap-subject registrations | https://www.uscis.gov/h-1b-electronic-registration-process |
| Federal Register final rule on weighted selection | Final DHS regulation introducing weighted H1B selection from FY 2027 | https://www.federalregister.gov/documents/2025/12/29/2025-23853/weighted-selection-process-for-registrants-and-petitioners-seeking-to-file-cap-subject-h-1b |
| USCIS Form I-129 | Petition form and filing instructions for H1B applications | https://www.uscis.gov/i-129 |
| Department of Labor LCA guidance | Labor Condition Application requirements and employer obligations | https://www.dol.gov/agencies/whd/immigration/h1b |
| Foreign Labor Application Gateway (FLAG) | Electronic system used to file and manage LCAs | https://flag.dol.gov/ |
| Department of State visa fees | Machine Readable Visa fees and reciprocity fee schedules | https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/fees/visa-fees.html |
| Presidential Proclamation on certain nonimmigrant workers | Entry conditions affecting certain H1B workers | https://www.whitehouse.gov/presidential-actions/2025/09/restriction-on-entry-of-certain-nonimmigrant-workers/ |
