H-1B Lottery: Registration, Weighted Selection, Cap, Results and the $100,000 Payment

(g) Temporary workers and trainees; limitation on numbers (1) The total number of aliens who may be issued visas or otherwise provided nonimmigrant status during any fiscal year (beginning with fiscal year 1992)— (A) under section 1101(a)(15)(H)(i)(b) of this title, may not exceed— (i) 65,000 in each fiscal year before fiscal year 1999; (ii) 115,000 in fiscal year 1999; (iii) 115,000 in fiscal year 2000; (iv) 195,000 in fiscal year 2001; (v) 195,000 in fiscal year 2002; (vi) 195,000 in fiscal year 2003; and (vii) 65,000 in each succeeding fiscal year; or (B) under section 1101(a)(15)(H)(ii)(b) of this title may not exceed 66,000.

(5) The numerical limitations contained in paragraph (1)(A) shall not apply to any nonimmigrant alien issued a visa or otherwise provided status under section 1101(a)(15)(H)(i)(b) of this title who— (A) is employed (or has received an offer of employment) at an institution of higher education (as defined in section 1001(a) of title 20), or a related or affiliated nonprofit entity; (B) is employed (or has received an offer of employment) at a nonprofit research organization or a governmental research organization; or (C) has earned a master’s or higher degree from a United States institution of higher education (as defined in section 1001(a) of title 20), until the number of aliens who are exempted from such numerical limitation during such year exceeds 20,000.

Congress set the current annual regular cap for the H-1B category at 65,000 (commonly known as the “regular cap”). Up to 6,800 visas are set aside from the 65,000 each fiscal year for the H-1B1 program under the terms of the legislation implementing the U.S.-Chile and U.S.-Singapore free trade agreements. Unused visas in this group become available for H-1B use for the next fiscal year’s regular H-1B cap. An additional 20,000 petitions filed on behalf of beneficiaries who have earned a master’s degree or higher from a U.S. institution of higher education are exempt from the cap.

Not all H-1B nonimmigrant visas (or status grants) are subject to this annual cap (for example, petitions filed by U.S. institutions of higher education are cap exempt). H-1B workers performing labor or services in the Commonwealth of the Northern Mariana Islands (CNMI) and Guam may also be exempt from the H-1B cap (see the Consolidated Natural Resources Act of 2008 (CNRA), Public Law 110-229). H-1B workers in Guam and the CNMI are exempt from the H-1B cap if their employers file the petition before Dec. 31, 2029.

(F) Cap exemptions under sections 214(g)(5)(A) and (B) of the Act. An alien is not subject to the numerical limitations identified in section 214(g)(1)(A) of the Act if the alien qualifies for an exemption under section 214(g)(5) of the Act. For purposes of section 214(g)(5)(A) and (B) of the Act:

[…]

Registrants must also provide the highest Occupational Employment and Wage Statistics (OEWS) wage level that the beneficiary’s proffered wage equals or exceeds for the relevant Standard Occupational Classification (SOC) code in the area(s) of intended employment. If a random selection process is necessary, USCIS will conduct a weighted selection among properly submitted registrations for unique beneficiaries based generally on the highest OEWS wage level that the beneficiary’s proffered wage will equal or exceed. For more information, see the Frequently Asked Questions section below and the H-1B Cap Season webpage.

(ii) Weighted selection. If a random selection is necessary, USCIS will assign each unique beneficiary to the lowest OEWS wage level among all registrations submitted on the beneficiary's behalf and will enter each unique beneficiary into the selection pool in a weighted manner as follows: a beneficiary assigned wage level IV will be entered into the selection pool four times, a beneficiary assigned wage level III will be entered into the selection pool three times, a beneficiary assigned wage level II will be entered into the selection pool two times, and a beneficiary assigned wage level I will be entered into the selection pool one time.

Starting in fiscal year (FY) 2027, USCIS has implemented a weighted selection process which favors the allocation of H-1B visas to higher skilled and higher paid aliens, while maintaining the opportunity for employers to secure H-1B workers at all wage levels. When random selection is required because USCIS receives more registrations than projected to be needed to meet the numerical allocations, USCIS will conduct a weighted selection among the registrations for unique beneficiaries received generally based on the highest Occupational Employment and Wage Statistics (OEWS) wage level that the beneficiary's proffered wage equals or exceeds for the relevant Standard Occupational Classification (SOC) code in the area(s) of intended employment.

Registrations for unique beneficiaries are assigned to the relevant OEWS wage level and entered into the selection pool as follows: registrations for unique beneficiaries or petitions assigned wage level IV are entered into the selection pool 4 times, those assigned wage level III are entered into the selection pool 3 times, those assigned wage level II are entered into the selection pool 2 times, and those assigned wage level I are entered into the selection pool 1 time. Each unique beneficiary will only be counted once toward the numerical allocation projections, regardless of how many registrations were submitted for that beneficiary or how many times the beneficiary is entered in the selection pool. For more information about selecting the corresponding OEWS wage level for purpose of registration, see the H-1B Electronic Registration Frequently Asked Questions.

SUMMARY: The U.S. Department of Homeland Security (DHS) is amending its regulations governing the process by which U.S. Citizenship and Immigration Services (USCIS) selects H-1B registrations for unique beneficiaries for filing of H-1B cap-subject petitions (or H-1B petitions for any year in which the registration requirement is suspended). Through this rule, DHS is implementing a weighted selection process that will generally favor the allocation of H-1B visas to higher-skilled and higher-paid aliens, while maintaining the opportunity for employers to secure H-1B workers at all wage levels, to better serve the congressional intent for the H-1B program. This rule will be effective in time for the FY 2027 registration season. DATES: This final rule is effective February 27, 2026.

For information on fees, see Fee Schedule, Form G-1055. The fee for each registration is $215 for the FY 2027 H-1B cap.

ALERT: On Aug. 10, 2026, DHS issued a final rule to amend regulations concerning the statutory 9-11 Response and Biometric Entry-Exit Fee for H-1B and L-1 Visas (9-11 Biometric Fee). The regulatory changes require petitioners that are covered employers to submit the 9-11 Biometric Fee for all H-1B and L-1 petitions. However, the fee does not apply if the petitioner is filing an amended petition that does not seek to extend the alien’s currently authorized H-1B or L-1 status. A petitioner is a covered employer if it employs 50 or more individuals in the United States, and more than 50 percent of those employees are in H-1B or L-1A or L-1B nonimmigrant status. The final rule is effective Sept. 9, 2026.

Form I-129 petitions postmarked or electronically submitted on or after Sept. 9, 2026, must include the fees as required under the final rule. For additional information on fees, see the G-1055, Fee Schedule.

*The count of eligible registrations excludes duplicate registrations, those deleted by the prospective employer before the registration period closed, those denied for having invalid passport or travel document information, and those with failed payments.

During the registration period for the FY 2026 H-1B cap, we saw a significant decrease in the total number of registrations submitted and eligible beneficiaries compared to FY 2025, including a decrease in the number of registrations submitted on behalf of beneficiaries with multiple registrations.

The number of unique employers for FY 2026 (approximately 57,600) was comparable to the number for FY 2025 (approximately 52,700).

The number of eligible unique beneficiaries for FY 2026 (approximately 339,000) was significantly lower than the number for FY 2025 (approximately 442,000).

The number of eligible registrations was also dramatically lower for FY 2026 (343,981) compared with FY 2025 (470,342) — a 26.9% reduction.

Overall, there was an average of 1.01 registrations per beneficiary this year for FY 2026, compared to 1.06 for FY 2025. This means that, on average, each beneficiary only had approximately one registration submitted on their behalf.

March 4: H-1B registration period opens at noon Eastern.

March 19: H-1B registration period closes at 5:00 p.m. Eastern.

March 31: Date by which USCIS intends to notify selected registrants.

April 1: The earliest date that FY 2027 H-1B cap-subject petitions based on the registrations selected during the initial FY 2027 selection period may be filed.

U.S. Citizenship and Immigration Services has received enough electronic registrations for unique beneficiaries during the initial registration period to reach the fiscal year 2027 H-1B numerical allocations (known as the H-1B cap), including the advanced degree exemption (master’s cap).

USCIS selected enough beneficiaries with properly submitted registrations to reach the H-1B cap and notified all prospective petitioners with selected beneficiaries that they are eligible to file an H-1B cap-subject petition for those beneficiaries. Registrants’ online accounts will display their registration status. For more information, visit the H-1B Electronic Registration Process page.

H-1B cap-subject petitions for FY 2027, including those petitions eligible for the advanced degree exemption, may be filed with USCIS beginning April 1, 2026, if filed for a selected beneficiary and based on a valid registration. Only petitioners with registrations for selected beneficiaries may file H-1B cap-subject petitions for FY 2027.

U.S. Citizenship and Immigration Services has received enough petitions to reach the congressionally mandated 65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree exemption, known as the master’s cap, for fiscal year 2027.

(3) Initial registration period. The annual initial registration period will last a minimum of 14 calendar days and will start at least 14 calendar days before the earliest date on which H-1B cap-subject petitions may be filed for a particular fiscal year, consistent with paragraph (h)(2)(i)(J) of this section. USCIS will announce the start and end dates of the initial registration period on the USCIS website at www.uscis.gov for each fiscal year. USCIS will announce the start of the initial registration period at least 30 calendar days in advance of such date.

Section 1. Restriction on Entry. (a) Pursuant to sections 212(f) and 215(a) of the Immigration and Nationality Act (INA), 8 U.S.C. 1182(f) and 1185(a), the entry into the United States of aliens as nonimmigrants to perform services in a specialty occupation under section 101(a)(15)(H)(i)(b) of the INA, 8 U.S.C. 1101(a)(15)(H)(i)(b), is restricted, except for those aliens whose petitions are accompanied or supplemented by a payment of $100,000 — subject to the exceptions set forth in subsection (c) of this section. This restriction shall expire, absent extension, 12 months after the effective date of this proclamation, which shall be 12:01 a.m. eastern daylight time on September 21, 2025.

(b) The Secretary of Homeland Security shall restrict decisions on petitions not accompanied by a $100,000 payment for H-1B specialty occupation workers under section 101(a)(15)(H)(i)(b) of the INA, who are currently outside the United States, for 12 months following the effective date of this proclamation as set forth in subsection (a) of this section. The Secretary of State shall also issue guidance, as necessary and to the extent permitted by law, to prevent misuse of B visas by alien beneficiaries of approved H-1B petitions that have an employment start date beginning prior to October 1, 2026.

(c) The restriction imposed pursuant to subsections (a) and (b) of this section shall not apply to any individual alien, all aliens working for a company, or all aliens working in an industry, if the Secretary of Homeland Security determines, in the Secretary’s discretion, that the hiring of such aliens to be employed as H-1B specialty occupation workers is in the national interest and does not pose a threat to the security or welfare of the United States.

ALERT: On June 8, 2026, the U.S. District Court for the District of Massachusetts issued an order that vacated agency guidance implementing the $100,000 payment requirement for certain H-1B petitions. See State of California v. Mullin, 1:25-cv-13829 (D. Mass.). DHS strongly disagrees with the court’s order and filed a motion to stay pending appeal with the United States Court of Appeals for the First Circuit (First Circuit). The District Court order was administratively stayed while the government pursued its motion to stay pending appeal with the First Circuit. On July 24, 2026, the First Circuit denied the government’s motion. DHS strongly disagrees with the First Circuit’s order denying the stay request but will comply with the court’s order while DHS considers next steps. If this order is later lifted, DHS still plans to collect the payment.

The Proclamation applies to certain H-1B petitions filed at or after 12:01 a.m. Eastern on Sept. 21, 2025, on behalf of beneficiaries who are outside the United States and do not have a valid H-1B visa. The Proclamation also applies if a petition filed at or after 12:01 a.m. Eastern on September 21, 2025, requests consular notification, port of entry notification, or pre-flight inspection for an alien in the United States.

In addition, if a petition filed at or after 12:01 a.m. Eastern on Sept. 21, 2025, requests a change of status or amendment or extension of stay and USCIS determines that the alien is ineligible for a change of status or an amendment or extension of stay (for example, is not in a valid nonimmigrant visa status or if the alien departs the United States prior to adjudication of a change of status request), the Proclamation will apply and the payment must be paid according to the instructions provided by USCIS.

The Proclamation does not apply to any previously issued and currently valid H-1B visas, or any petitions submitted prior to 12:01 a.m. Eastern on Sept. 21, 2025. In addition, the Proclamation does not prevent any holder of a current H-1B visa, or any alien beneficiary following petition approval, from traveling in and out of the United States.

The Proclamation also does not apply to a petition filed at or after 12:01 a.m. Eastern on Sept. 21, 2025, that is requesting an amendment, change of status, or extension of stay for an alien inside the United States where the alien is granted such amendment, change, or extension. Further, an alien beneficiary of such petition will not be considered to be subject to the payment if he or she subsequently departs the United States and applies for a visa based on the approved petition and/or seeks to reenter the United States on a current H-1B visa.

Payment must be made before filing a petition with USCIS, as petitioners must submit proof that the payment has been scheduled from pay.gov or evidence of an exception from the $100,000 payment from the Secretary of Homeland Security at the time of filing the H-1B petition. Petitions subject to the $100,000 payment that are filed without a copy of the proof of the payment from pay.gov or evidence of an exception from the Secretary of Homeland Security will be denied.

Exceptions to the $100,000 payment are granted by the Secretary of Homeland Security in the extraordinarily rare circumstance where the Secretary has determined that a particular alien worker’s presence in the United States as an H-1B worker is in the national interest, that no American worker is available to fill the role, that the alien worker does not pose a threat to the security or welfare of the United States, and that requiring the petitioning employer to make the payment on the alien's behalf would significantly undermine the interests of the United States. Petitioning employers who believe their alien worker satisfies this high threshold may seek an exception by sending their request and all supporting evidence to H1BExceptions@hq.dhs.gov.

On September 19, 2025, Proclamation 10973 (Restriction on Entry of Certain Nonimmigrant Workers) (2025 Proclamation), was issued to address significant abuses of the H-1B nonimmigrant visa program. The restrictions enacted by the 2025 Proclamation have proven to be highly effective but the underlying conditions necessitating the restrictions persist. It is therefore in the interests of the United States to extend the 2025 Proclamation for an additional 12 months, until 12:00 a.m. eastern daylight time on September 21, 2027.

Section 1. Restriction on Entry. (a) Pursuant to sections 212(f) and 215(a) of the Immigration and Nationality Act (INA) (8 U.S.C. 1182(f) and 1185(a)), the entry into the United States of aliens as nonimmigrants to perform services in a specialty occupation under section 101(a)(15)(H)(i)(b) of the INA (8 U.S.C. 1101(a)(15)(H)(i)(b)), is restricted, except for those aliens whose petitions are accompanied or supplemented by a payment of $100,000--subject to the exceptions set forth in subsection (c) of this section. This restriction shall expire, absent extension, 12 months after the effective date of this proclamation, which shall be 12:01 a.m. eastern daylight time on September 21, 2026. (b) The Secretary of Homeland Security shall restrict decisions on petitions not accompanied by a $100,000 payment for H-1B specialty occupation workers under section 101(a)(15)(H)(i)(b) of the INA, who are currently outside the United States, for 12 months following the effective date of this proclamation as set forth in subsection (a) of this section. (c) The restriction imposed pursuant to subsections (a) and (b) of this section shall not apply to any individual alien, all aliens working for a company, or all aliens working in an industry, if the Secretary of Homeland Security determines, in the Secretary's discretion, that the hiring of such aliens to be employed as H-1B specialty occupation workers is in the national interest and does not pose a threat to the security or welfare of the United States.

SUMMARY: The Department of Homeland Security (DHS) proposes to establish a $103,265 fee, payable at the time of filing, for all H-1B cap-subject petitions, including those eligible for the advanced degree exemption, which would be imposed in addition to all other applicable fees or payments. This fee would serve as a dedicated revenue mechanism to help recover a portion of the federal government's costs of administering the lawful immigration system, including activities carried out by DHS, the U.S. Department of Justice (DOJ), the U.S. Department of State (DOS), and the U.S. Department of Labor (DOL). DATES: Submission of Public Comments: Written comments must be submitted on or before September 24, 2026.

On March 27, 2026, DOL published a notice of proposed rulemaking, titled Improving Wage Protections for the Temporary and Permanent Employment of Certain Foreign Nationals in the United States, 91 Fed. Reg. 15454, to address the policy goals consistent with section 4(a) of the 2025 Proclamation. The DOL's analysis of labor condition application data found that the average wage actually paid to H-1B workers, and the prevailing wage assigned to their positions, both remain well below the average wage earned by comparable American workers. The rule, once finalized, will better align prevailing wage levels with wages paid to similarly employed and located American workers and will strengthen overall program integrity.