H-1B Visa Quota: Timeline and Requirements Explained

You Got Selected… But There’s a Catch.

You aced the interview. The company loves you. They’re ready to sponsor your work visa. But then, you hear it—H-1B visa quotas. Suddenly, it’s not just about your qualifications; it’s about luck.

The H-1B visa quota is the limit on how many foreign workers can get this visa each year. If applications exceed this number, a lottery decides who gets through. And guess what? That happens every year.

So, what does this mean for you? If you’re planning to work in the U.S., understanding the process is crucial. This blog breaks down everything—how the quota works, your chances, and what you can do to improve them. Stay with us, and by the end, you’ll know exactly what’s at stake and how to move forward.

 

 

What Is the H-1B Visa Program?

The H-1B visa program allows U.S. employers to hire foreign professionals for specialized jobs. These roles require advanced knowledge and at least a bachelor’s degree or its equivalent. Fields like engineering, medicine, IT, and finance commonly fall under this category.

For fiscal year 2026, USCIS will open H-1B cap registrations from March 7 to March 24, 2025. During this period, employers must electronically register each applicant through a USCIS online account and pay the registration fee. If selected, they can proceed with filing the full petition.

The demand for H-1B visas often exceeds the available slots, making it essential to prepare early. Missing deadlines or providing incorrect details can lead to disqualification. If you’re aiming for an H-1B visa, professional guidance can make a difference.

Filing for an H-1B visa isn’t just paperwork—it’s about securing your future in the U.S. Contact the Law Offices of Sweta Khandelwal to get expert assistance with registration, eligibility checks, and a solid application strategy.

Categories and Exceptions Under the H-1B Cap

Not all visa applicants fall under the standard H-1B visa quota. Certain categories have separate allocations or exemptions, affecting the selection process. Understanding these distinctions can improve your chances of securing an H-1B visa.

Every fiscal year, the U.S. government issues a total of 85,000 H-1B visas. These include:

• 65,000 visas under the regular cap for foreign professionals.
• 20,000 additional visas under the master’s cap for those with a U.S. master’s degree or higher from a qualifying institution.

Applicants with a U.S. master’s degree or higher qualify for the master’s cap and have two chances to be selected:

1. First lottery: They are entered into the 20,000-visa master’s cap lottery.
2. If not selected, they move to the second lottery for the remaining 65,000 visas under the regular cap. USCIS does not guarantee a second lottery. It only occurs if enough selected petitions are not filed to meet the quota. 

To qualify, the degree must be:

• From a U.S. institution accredited by a nationally recognized agency.
• Issued by a public or nonprofit university. Degrees from for-profit institutions do not qualify.

These visas are allocated through a lottery system due to high demand, meaning not all applicants are selected.

Special Allocation for Chile and Singapore

Under the H-1B1 visa category, a portion of the regular cap is set aside for nationals of Chile and Singapore due to trade agreements.

• 1,400 visas are reserved for Chile.
• 5,400 visas are set aside for Singapore.

Note that if these visas remain unused, they do not carry over to the next year. Instead, they are added back into the regular H-1B cap pool.

Some U.S. employers can hire H-1B workers without being subject to the cap. These include:

• Institutions of higher education (colleges and universities).
• Nonprofit research organizations affiliated with universities.
• Government research organizations conducting specialized projects.

Since these employers are cap-exempt, they can hire H-1B workers at any time of the year, avoiding the lottery process altogether.

Recent Updates to the H-1B Selection Process

Since FY 2025, USCIS has introduced a beneficiary-centric selection process to prevent fraud. Instead of selecting registrations based on the number of times an applicant is entered, USCIS now selects beneficiaries only once, regardless of how many registrations are submitted on their behalf. This process was introduced to prevent multiple entries by different employers.

Additionally, all registrations must now include valid passport or travel document information. The passport used during registration must match the one used to enter the U.S. if the visa is granted.

Also Read: Transition from L1B Visa to EB1C Green Card: A Step-by-Step Guide

Key Dates and Timelines for the H-1B Lottery (FY 2026)

• March 7, 2025 – March 24, 2025: The initial H-1B registration period opens at noon Eastern Time and runs for 18 days. During this period, employers (petitioners) must submit electronic registrations via a USCIS online account and pay the registration fee per beneficiary.
• After March 24, 2025: USCIS will conduct a random selection process (lottery) from the submitted registrations.
• End of March – Early April 2025: USCIS will notify employers of the selected registrations. Only those selected can proceed with filing H-1B cap-subject petitions. If USCIS receives more than 85,000 registrations, a random lottery selection determines which beneficiaries get selected.

If selected, petitioners must submit complete H-1B petitions to USCIS within the given filing window.

• April – June 2025: Selected petitioners file complete H-1B petitions with required documents.
• October 1, 2025: The H-1B employment start date for selected candidates under FY 2026.

Registering online is quick and easy—but mistakes can cost you your spot. Get expert guidance from The Law Offices of Sweta Khandelwal to avoid errors, maximize your chances, and ensure a smooth H-1B filing process.

H-1B Visa Quota Registration Requirements

A smooth H-1B visa registration process starts with understanding the necessary documentation and eligibility criteria for both employers and employees. USCIS requires accurate and complete information to avoid processing delays or rejections.

Employer Requirements

Employers must provide:

• Legal Business Name & EIN – Official company name and Employer Identification Number (EIN).
• Contact Information – Business address, email, and phone number.
• Job Description & Salary – Detailed role description, job duties, and salary details to ensure the position qualifies for an H-1B visa.
• Labor Condition Application (LCA) – Employers must file an LCA with the U.S. Department of Labor (DOL) to confirm compliance with prevailing wage and working conditions.

Employee Requirements

Employees need to submit:

• Personal Identification – Full legal name, date of birth, and passport details.
• Educational Qualifications – Diploma, transcripts, and proof of degree required for the job.
• Current Status & Work Authorization (if applicable):
  • Passport Pages – Biographical and stamped visa pages.
  • Form I-94 – Proof of current legal status in the U.S.
  • Employment Authorization Card – If applicable, a copy of any existing work permit.
  • Recent Pay Stubs – Salary proof for the last three months.
  • Current Visa Copy – Including details of any J-1 home residency requirement, if applicable.

These documents must accompany the Form I-129 petition. Missing or incorrect information can lead to delays or rejection.

Also Read: H-2A Temporary Agricultural Worker Visa Program

H-1B Lottery Registration Process

The H-1B lottery system allows U.S. employers to submit registrations for skilled foreign workers. The process is structured into multiple steps, each with strict requirements to ensure compliance with USCIS regulations.

Step 1: Registration Period & Eligibility

Only U.S. employers (petitioners) can submit H-1B registrations on behalf of foreign workers (beneficiaries).

Key Considerations:

• Each prospective petitioner can register a beneficiary only once per fiscal year. Duplicate entries will result in automatic disqualification.
• Multiple employers can register the same beneficiary if they have distinct job offers for them.

Step 2: USCIS Online Account & Registration Submission

Employers must create a USCIS Organizational Account before submitting an H-1B registration. There are three types of USCIS accounts, but only the Organizational Account is valid for H-1B petitioners. Note that USCIS allows both organizational and representative accounts for legal representatives.

New for FY 2026:

• Collaboration Feature: Employers and attorneys can now work together within the myUSCIS Organizational Accounts system to prepare and file registrations.
• Duplicate Entry Checker: USCIS has added a feature to help identify duplicate registrations before submission.

Step 3: Lottery Selection Process

Once the registration window closes, USCIS conducts a random selection based on the Beneficiary-Centric Selection System. If selected, the petitioner can proceed with filing a Form I-129, Petition for a Nonimmigrant Worker, within the filing window specified by USCIS.

• If not selected, USCIS may conduct additional rounds of selections if initial filings do not meet the cap.

Step 4: Filing the H-1B Petition

Employers with selected registrations must submit a complete H-1B petition, including the following:

• Certified Labor Condition Application (LCA) approved by the U.S. Department of Labor.
• Supporting documents verifying the beneficiary’s qualifications, work experience, and eligibility for the position.
• Filing fees as required by USCIS.

Avoid Common Pitfalls

The top two mistakes seen during registration include:

• Wrong USCIS Account Type: Petitioners using an “Applicant” account instead of an Organizational Account cannot submit registrations.

• Duplicate Submissions: Multiple entries from the same employer for one beneficiary will invalidate all submissions.

If a duplicate is detected before March 24, 2025, employers can delete extra registrations to remain eligible. However, if detected after the deadline, all entries will be removed, and no refunds will be issued.

Navigating H-1B registrations requires precision—one mistake can cost an entire year of waiting. Contact the Law Offices of Sweta Khandelwal today for expert guidance on registration and petition filing!

What Happens After the H-1B Visa Cap Selection?

Once the H-1B lottery selection is complete, selected beneficiaries must go through a multi-step process to secure their work visa. Here’s a breakdown of what comes next:

Step 1: Lottery Selection Notifications

USCIS updates the registrant’s online account with one of the following statuses:

• Submitted: The registration remains eligible for selection in any future rounds if the cap is not met in the first lottery.
• Selected: The beneficiary has been chosen and can proceed with filing an H-1B cap-subject petition.
• Not Selected: The registration was not chosen and is no longer eligible for filing.
• Denied – Duplicate Registration: Multiple registrations for the same beneficiary by the same petitioner resulted in automatic disqualification.
• Invalidated – Failed Payment: The registration was rejected due to payment issues.
• Deleted: The registrant manually removed the submission before the selection process.
• Processing Submission: The system is updating the status, and may take up to 72 hours to display case details.

Step 2: Filing the H-1B Petition (Form I-129)

Employers with Selected registrations must submit Form I-129 along with supporting documents within the filing window specified by USCIS.

Key Requirements for Filing:

• Valid “Selected” Notification in the USCIS account.
• Labor Condition Application (LCA) certified by the Department of Labor.
• Supporting documents proving the beneficiary’s qualifications and job role.
• Filing fees vary based on company size and processing type.

Step 3: USCIS Review & Request for Evidence (RFE)

USCIS conducts a detailed review of the petition, including:

• Employer-employee relationship verification
• Position’s eligibility as a specialty occupation
• Beneficiary’s educational and work qualifications

If additional information is needed, USCIS issues a Request for Evidence (RFE). Petitioners must respond within the given deadline to avoid petition denial.

Step 4: Approval or Denial of the H-1B Petition

• If Approved: The beneficiary can proceed with a change of status (if already in the U.S.) or apply for an H-1B visa at a U.S. consulate abroad.
• If Denied: The petitioner can refile in the next lottery season or explore alternative visa options.

Step 5: Visa Stamping & Consular Interview (If Applicable)

Beneficiaries outside the U.S. must schedule a visa appointment at a U.S. embassy/consulate. The process involves:

• Form DS-160 submission
• Visa fee payment
• Consular interview (focused on employer, job role, and intent to return to the home country)

Also Read: Top Reasons for EB1C Green Card Rejection and Denial

Fee Structure and Financial Considerations

The H-1B visa process involves multiple costs, from the initial registration fee to petition-related expenses. These costs can vary depending on company size, petition type, and optional services like premium processing.

Filing fees have increased, affecting both employers and beneficiaries. Fees include:

• Registration fee: $215
• Basic filing fee: $460
• Public law 114-113 fee: $4,000 (for employers with 50 or more employees, where over 50% are on H-1B or L-1 visas)
• Premium processing fee (optional): $2,805
• USCIS anti-fraud fee: $500
• ACWIA education and training fee: $750 (for employers with 1 to 25 employees); $1,500 (for employers with 26 or more employees)
• Asylum program fee: $300 (for employers with 1 to 25 employees); $600 (for employers with 26 or more employees)
• Attorney fee: Varies based on legal representation

Financial Strategies for Managing Costs

To handle the financial burden of H-1B filings, businesses can consider:

• Budgeting Ahead – Employers should plan for annual H-1B filings and factor in potential additional costs like RFEs or premium processing.
• Cost-Sharing Agreements – While employers must cover mandatory fees, some optional costs (e.g., premium processing) can be borne by the employee if agreed upon.
• Seeking Expert Assistance – Misfiled petitions lead to wasted expenses. Working with experienced immigration attorneys can prevent costly errors and delays.

H-1B petitions involve strict financial and legal requirements. Avoid unnecessary costs by consulting Sweta Khandelwal for professional assistance.

 

 

Conclusion

The H-1B visa process requires careful planning and attention to detail, even after registration. Missing deadlines, incomplete documentation, or delayed responses to USCIS requests can lead to setbacks. After selection, ensure all required forms are submitted correctly and within the given timeframe. 

Beneficiaries should also stay updated on their case status through their USCIS account and be prepared for potential consular interviews if applying from outside the U.S. Proper preparation can make the process smoother and increase the chances of approval.

If you’re navigating uncertainties, Contact the Law Offices of Sweta Khandelwal for expert support. Need help with paperwork or timelines? Sweta Khandelwal can guide you through every step. Still waiting for updates? Reach out today to The Law Offices of Sweta Khandelwal to explore your best course of action.

Disclaimer

Please note that the prices listed for visa services are estimates and may vary in real-time. We recommend consulting the official government websites or other authoritative resources for the most up-to-date pricing information. These estimates do not constitute a guarantee of costs, and fees may change without notice.