FY 2026 H-1B Visa Cap Lottery: What Petitioners (Employers) and Beneficiaries (Workers) Should Know

The U.S. H-1B visa program remains an essential route for foreign professionals in specialized fields to reside and work in the United States. For individuals aiming to participate in the Fiscal Year ("FY") 2026 H-1B visa cap lottery, the application period begins on March 7, 2025. FY 2026 begins on October 1, 2025 (employment start date) and ends on September 30, 2026. As this significant date approaches, both employers (petitioners) and foreign workers (beneficiaries) should actively prepare to ensure their applications are submitted on time, accurately, and thoroughly.

Who Qualifies for the H-1B Visa?

The H-1B visa is intended for foreign nationals seeking employment in the U.S. in a specialty occupation that necessitates a minimum of a bachelor’s degree or its equivalent in a particular field. These fields often encompass technology, engineering, healthcare, finance, and others. To sponsor an H-1B applicant, employers must ensure that the position qualifies as a specialty occupation and that the worker has the requisite academic credentials or equivalent experience.

Available Visas and the Cap

Each fiscal year, the U.S. Citizenship and Immigration Services (USCIS) issues a limited number of H-1B visas. For FY 2026, there are 65,000 regular cap-subject H-1B visas available, along with an additional 20,000 reserved for applicants with a U.S. master's degree or higher. These visas are subject to a random lottery system due to the overwhelming number of applications typically received each year.

Understanding the H-1B Process

The process of applying for an H-1B visa involves multiple steps:

Employer Registration: Employers wishing to sponsor an H-1B worker must first register electronically with USCIS. This process opens at noon Eastern on March 7, 2025, and closes at noon Eastern on March 24, 2025. Petitioners must pay a $215.00 registration fee for each beneficiary.
Lottery Selection: After the registration period ends, USCIS conducts a random lottery. Selected petitioners will be notified and invited to submit a full petition, including supporting documentation and filing fees.
Petition Filing: Once selected in the lottery, employers must file the full H-1B petition, which includes the necessary forms and documentation to prove that the job and the employee qualify for the H-1B program.
Approval: If approved, the beneficiary will be granted H-1B status and can begin working for the employer in the U.S. beginning on October 1, 2025, the start of the fiscal year.

What Can Petitioners and Beneficiaries Do Now to Prepare?

For Petitioners (Employers):

Register Early: The March 2025 registration window will be brief. Employers should ensure they are ready to register electronically once it opens.
Ensure Job Compliance: Verify that the position offered meets the requirements of a specialty occupation. Make sure that job duties align with the qualifications needed for an H-1B worker.
Prepare Documentation: Employers should begin gathering necessary documentation, including company details, job descriptions, and evidence of the beneficiary’s qualifications.

For Beneficiaries (Foreign Workers):

Review Qualifications: Ensure that your qualifications meet the criteria for an H-1B visa. You must hold a relevant degree (or equivalent experience) that fits the specialty occupation.
Stay in Touch with Your Employer: Communication with your employer is key to ensuring they submit your registration and petition properly and on time.
Consider Alternative Options: It’s important to consider backup options in case the lottery is unsuccessful, including other visa categories like the L-1, O-1, or TN visas, depending on your qualifications.

Examples of Jobs That Typically Qualify for an H-1B Visa

The H-1B visa is intended to fill roles in specialty occupations—positions that demand specialized expertise and a minimum of a bachelor’s degree in a particular field of study. These roles cover a wide range of industries, with a significant presence in technology, engineering, healthcare, finance, and education. Listed below are some typical job categories frequently held by H-1B visa holders:

1. Information Technology (IT) and Computer Science

Software Developers
Computer Systems Analysts
Network Administrators

2. Engineering

Civil Engineers
Mechanical Engineers
Electrical Engineers

3. Healthcare and Medical Professions

Physicians and Surgeons
Physical Therapists
Pharmacists

4. Financial Services

Financial Analysts
Accountants
Investment Bankers

5. Education and Academia

University Professors
Researchers
Specialized Educators

6. Business and Marketing

Market Research Analysts
Management Consultants
Human Resources Specialists

7. Legal Professions

Legal Counsel

8. Architecture and Design

Architects
Graphic Designers

If you have any questions or need guidance on preparing for the FY 2026 H-1B visa cap lottery, please don't hesitate to contact us at contact@mayslawyer.com. We are here to help you navigate the complex process and increase your chances of success in securing an H-1B visa.

By starting early and preparing thoroughly, petitioners and beneficiaries can significantly improve their chances in the competitive H-1B lottery. Reach out today, and let us assist you in making the process as smooth as possible.

Important: This post is for informational and educational purposes only and does not create an Attorney-Client relationship. This post should not be taken as legal advice or used as a substitute for such. You should always speak to an attorney for legal advice.