Immigration Law Insights

U.S. Citizenship and Immigration Services (“USCIS”) recently announced plans for the 2026 Fiscal Year H-1B lottery. The FY2026 H-1B lottery registration period will open at 12:00 p.m. EST on March 7, 2025, and close at 12:00 p.m EST on March 24, 2025.

In order to qualify for an H-1B visa, a candidate must be sponsored to fill position that requires at least a U.S. Bachelor’s degree in a specific specialty.  H-1Bs are considered one of the more flexible work visas and can be appropriate for a variety of industries, including manufacturing, healthcare, engineering, IT, and education.

Most employers will need to enter every foreign national they intend to sponsor for an H-1B visa this year in the lottery.  Each year, 85,000 H-1B visas are available starting October 1st.  The annual number of H-1B visas available is limited by statute and USCIS determines who is eligible to file for an H-1B visa through a lottery system.  Certain types of employers, including institutions of higher education and certain organizations affiliated with institutions of higher education, are exempt from the H-1B cap.

In order to enter the lottery, an employer must register a prospective candidate by completing an electronic form and paying a registration fee.  Historically, employers were required to prepare and file an entire H-1B petition without knowing if their candidate would be selected in the lottery. In an attempt to simplify the process, reduce paper usage, and expedite the selection process, USCIS introduced an all-electronic process in FY2021.  After several years of increased H-1B registrations and concerns over fraud, USCIS implemented more defined H-1B rules in FY2025, resulting in a nearly 40% decrease in H-1B lottery registrations.  The decline in registrations in FY2025 significantly increased the chances for selection.  The following chart outlines the number of H-1B lottery registrations over the last five years. 

https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-1b-specialty-occupations/h-1b-electronic-registration-process

One important change for this year’s lottery is an increase in the registration fee.  Historically, an employer was required to pay a $10 fee for each H-1B lottery registration.  Starting this year, USCIS has increased the registration fee to $215 per entry. 

Once an applicant is successfully registered and the registration process closes, USCIS makes selections and notifies employers.  This year, USCIS plans to notify those who have been selected by March 31st. Those not selected are placed on a waitlist for subsequent lottery selections during the fiscal year. Since the advent of the electronic lottery registration, USCIS has conducted at least one additional round of selections each year.

With the lottery deadline quickly approaching, now is the time for potential H-1B employers to plan H-1B filing strategies.  For example, employers should assess prevailing wage issues and assess job descriptions to ensure compliance before entering registrations for the lottery. 

The Burr & Forman immigration team is experienced in all aspects of the H-1B sponsorship process and regularly works with clients through the H-1B registration process. If your business has questions regarding H-1B sponsorship, contact Melissa Azallion Kenny (MAkenny@burr.com), Anna L. Scully (Ascully@burr.com), or Jonathan C. Eggert (JEggert@burr.com), on the Burr & Forman LLP immigration team.