The annual H-1B lottery registration officially closes on March 19th, 2026, this year. USCIS will carry out the wage-weighted lottery until winners are notified by March 31st.
65,000 are allotted for the regular cap and 20,000 for the H-1B master’s cap.
According to Shilpa Malik, lead attorney at VisaNation, “Applicants have to file the petition by June 30th, hence within 90 days if selected in the first round.”
How Will I Know If I Was Selected?
You will know if you were selected in the H-1B lottery because it will have a status attached to your case. The following include:
- Submitted: This means your petition has been submitted and USCIS is still considering your registration.
- Selected: Congrats! Your registration was selected in the lottery and your sponsor can file an I-129 petition after April 1. USCIS may allocate different filing deadlines to registrants chosen to ensure the smooth processing of all cap-subject cases. USCIS will indicate the filing deadline on the notice.
- Not Selected: USCIS did not select your registration but all registrations USCIS hasn’t denied will either be “Selected” or remain “Submitted” until the end of the fiscal year. If USCIS hasn’t chosen your registration, you will not see “Not Selected” on your registration until October 1.
- Denied: You will only see this status if a sponsor submitted more than one registration for the same beneficiary. In this case, USCIS will deny all registrations submitted by this sponsor for this beneficiary.
In the coming weeks, some will change to “selected,” “denied,” or stay “submitted.” If USCIS needs to increase the registrations for either cap during the fiscal year, it will select more registrations from the “submitted” pool. After October 1, the remaining “submitted” registrations will change to “not selected.” Remember, if your petition is selected, the earliest that you can file your petition is April 1st.
How to Correctly File the H-1B Cap-Subject Petition
Step 1. You’ll need to file Form I-129, Petition for Nonimmigrant Worker
Step 2. The start date indicated must be October 1 or later (6 months or less from the receipt date of the petition). If these dates aren’t correct, your petition will most likely be rejected or denied.
Step 3. Include a copy of the H-1B Registration Selection Notice. Be sure also to include the Beneficiary Confirmation Number on the H Classification Supplement.
Step 4. Double-check that all the information on the electronic registration process matches the complete petition you prepared. If some information does not match, it is important to include an explanation along with supporting evidence explaining the change. If you fail to do so, you risk having your petition rejected or denied.
Step 5. Be sure to sign all forms in the proper location.
Step 6. Pay the required fees. There are certain additional fees for some H nonimmigrants. For example, certain H-1B or H-1B1 petitioners with more than 25 employees have to pay the ACWIA fee.
|
Fee |
Amount |
Responsible for Fee |
|
$100,000 H-1B Supplemental Fee |
$100,000 - only for new H-1B petitions for beneficiaries outside the U.S. or those who require consular processing. |
Employer |
|
H-1B Lottery Registration Fee |
$215 |
Employer |
|
I-129 Petition Filing Fee |
$780 or $460 (small employers/nonprofits) |
Employer |
|
Public Law 114-113 Fee |
$4,000 (only if 50+ employees) |
Employer |
|
Premium Processing (optional) |
$2,965 |
Employer or Employee |
|
ACWIA Education and Training Fee |
$750 (less than 25 employees) $1,500 (more than 25 employees) |
Employer |
|
USCIS Anti-Fraud Fee |
$500 |
Employer |
|
Asylum Program Fee |
$600 (if 26+ employees) |
Employer |
|
Attorney Fee |
Variable |
Employer |
There are certain exemptions to having to pay the ACWIA fee for H-1B petitions. These organizations are not required to pay the fee:
- Institution of higher education as defined in section 101(a) of the Higher Education Act of 1965;
- Non-profit entity that is related to or affiliated with an institution of higher education, as defined in section 101(a) of the Higher Education Act of 1965;
- Nonprofit research organization or governmental research organization;
- Primary or secondary educational institution; or
- Non-profit entity which engages in an established curriculum-related clinical training program for students.
Also, not required to pay the fee when a petitioner files its second or subsequent request for an extension of stay with the same employer for a foreign worker, files an amended petition that does not contain any requests to extend the validity of the petition it seeks to amend or files again only to correct a USCIS error (no requests to extend validity can be in these petitions).
7. At the time of filing, be sure to include all the required documents and evidence. Also, be sure that the LCA corresponds to the position in your petition.
8. Mail your H-1B petition to the correct service center, as indicated on your Registration Selection Notice. Failure to mail it to the correct location can result in the petition getting rejected or denied.
Note about Premium Processing: This service is currently available for all H-1B petitions. The cost is an additional $2,965 and guarantees an adjudication time of 15 business days.
How to Organize Your H-1B Package
Below is the order in which USCIS prefers to have the documents sorted. It is highly advised to have an immigration attorney compile your H-1B petition to avoid any unnecessary errors.
- Form G-28 (if represented by an attorney or accredited representative)
- Copy of the Registration Selection Notice for the Beneficiary Named in the Petition
- Form I-129, Petition for a Nonimmigrant Worker
- Addendums/Attachments
- H Classification Supplement to Form I-129
- H-1B and H-1B1 Data Collection and Filing Fee Exemption Supplement
- All supporting documentation to establish eligibility. Provide a table of contents for supporting documentation and separate the items as listed in the table.
- Arrival-Departure Record (Form I-94) if the beneficiary is in the United States
- SEVIS Form I-20 if the beneficiary is a current or former F-1 student or F-2 dependent
- Form I-566 if the beneficiary is a current A or G nonimmigrant
- Department of Labor certified LCA, Form ETA 9035
- Employer/attorney/representative letter(s)
- Other supporting documentation
VisaNation Law Group’s Attorney Fee for H-1B Visa
Since the stages are now tiered, and only certain companies will eventually file the complete petitions, the legal fees will be as follows:
- One: $850 for the initial registration process, which includes all preliminary case analyses required to file the case, such as S.O.C., duties, documents, educational check, evaluations, if necessary, FEIN, etc.
- Two: $2,750 legal fee + $100 for shipping and incidentals will be due if USCIS selects the petition in the lottery for filing, which includes all form/support letter preparation plus case filing within the timeframe