H1B Second Lottery 2026: No USCIS Draw Confirmed

The H-1B visa remains one of the most competitive routes for highly skilled foreign professionals seeking to work in the United States. Each year, the number of registrations submitted by U.S. employers far exceeds the statutory cap, requiring a randomised computer-generated selection process — the H-1B lottery — to determine which registrants are invited to file full petitions.

In previous years, U.S. Citizenship and Immigration Services (USCIS) has occasionally conducted a second H-1B lottery when the first round did not yield enough approved petitions to reach the annual quota. However, for Fiscal Year 2026 (FY 2026), USCIS confirmed in its August 2025 news release that the cap had been met through the initial selection cycle, and no second lottery would occur.

What this article is about: This guide explains the H-1B lottery system, outlines why there will be no second lottery in FY 2026, analyses the impact on employers and applicants, and explores alternative visa options for those who were not selected.

Section A: Understanding the H-1B Lottery System

The H-1B visa allows U.S. employers to hire foreign professionals in specialty occupations requiring theoretical or technical expertise. Each fiscal year, USCIS accepts a limited number of new petitions under a statutory annual cap of 85,000 visas — 65,000 under the regular cap and 20,000 under the master’s cap exemption for those holding a U.S. master’s degree or higher.

1. Annual registration and selection process

Since 2020, USCIS has operated an electronic registration system that streamlines management of the H-1B cap. Employers or their authorised representatives create myUSCIS accounts and submit individual registrations for each prospective H-1B beneficiary during the designated March window, accompanied by the prescribed registration fee. When total registrations exceed the annual limit, USCIS conducts a randomised lottery. Only registrants marked “Selected” are eligible to file a complete H-1B petition within the filing period indicated on the selection notice. Selection itself does not guarantee petition approval.

2. When a second lottery may occur

The second lottery—also known as a supplemental selection—occurs only when the number of timely, approvable petitions from the first round falls short of the statutory cap. Examples include FY 2021 and FY 2023, when USCIS conducted additional selections after unfiled or withdrawn cases left unused numbers. If all cap-subject visas are reached through the initial cycle, no further draw is held.

3. Cap monitoring and fulfilment

Throughout the cap season, USCIS monitors filing rates, adjudication outcomes, and revocations to ensure the full quota of 85,000 visas is utilised. A second lottery is triggered only if data indicate that additional selections are required to meet the quota. Where the initial selections yield sufficient approvable petitions, the process closes after the first round.

Section Summary: The H-1B lottery ensures fair allocation of limited visa numbers. A second lottery is a contingency, not an expectation, and arises only when the first draw fails to fill the statutory quota.

Section B: FY 2026 H-1B Lottery Outcome

The Fiscal Year 2026 (FY 2026) H-1B cap season began with the annual electronic registration window in March 2025. U.S. employers submitted entries on behalf of highly skilled foreign professionals seeking to commence employment from 1 October 2025. As in previous years, registrations far exceeded the 85,000 statutory limit, prompting USCIS to conduct a computer-generated lottery to determine which registrants were eligible to file full petitions.

1. The FY 2026 selection process

After the close of the March 2025 registration window, USCIS carried out the randomised selection in April. Registrants were notified through their myUSCIS accounts whether their entries were “Selected,” “Not Selected,” or “Denied” for reasons such as duplicates or invalid submissions. Only those marked “Selected” were permitted to file a Form I-129 petition for a specialty occupation worker during the specified filing period. Petitions had to include a certified Labor Condition Application (LCA), all supporting evidence, and the applicable filing fees.

2. USCIS confirmation that the cap was met

In August 2025, USCIS publicly announced that the FY 2026 H-1B cap had been reached and confirmed there would be no second selection round. The agency had received enough properly filed petitions to meet both the regular cap and the master’s cap exemption. This official statement finalised the FY 2026 cap season and eliminated any expectation of additional lottery activity.

3. Filing and approval trends

USCIS data for FY 2026 indicated higher petition filing and approval rates compared to earlier years. This improvement resulted from anti-fraud measures implemented in the FY 2025 registration cycle, including a beneficiary-centric registration model and stricter identity verification protocols. By linking each registration to a beneficiary’s passport data, USCIS significantly reduced duplicate submissions and speculative filings. These reforms produced a more accurate and efficient selection process, ensuring the cap was met during the first round.

Section Summary: USCIS met the FY 2026 statutory quota through the initial selection process. Enhanced verification systems and improved filing compliance eliminated the need for a second lottery, finalising the cap season efficiently.

Section C: Why No Second Lottery Was Needed

The U.S. Citizenship and Immigration Services (USCIS) decision not to hold a second H-1B lottery for Fiscal Year 2026 was the result of multiple structural reforms to the registration process, combined with higher petition filing rates and more consistent employer compliance. Together, these measures enabled USCIS to meet the statutory H-1B cap in a single, efficient selection round.

1. Anti-fraud reforms and beneficiary-centric registration

In previous years, USCIS identified widespread misuse of duplicate registrations, where multiple employers entered the same beneficiary to increase selection odds. To eliminate this practice, the agency introduced a beneficiary-centric registration model beginning with the FY 2025 cap season. Under this system, each registration is linked to the beneficiary’s passport information, ensuring only one valid entry per person per employer relationship. This innovation, reinforced by digital verification tools and enforcement penalties for duplicate filings, dramatically reduced inflated registration totals by FY 2026.

These reforms were formalised through USCIS rulemaking published in March 2024. The rule strengthened digital identity validation and registration integrity, setting a new standard for transparency and fairness in the H-1B selection process.

2. Increased petition filing and approval rates

Following the implementation of the beneficiary-centric model, nearly all selected registrants proceeded to file petitions within the designated filing window. USCIS reported significantly higher compliance and approval rates compared to prior cap seasons. The improvement reflected the accuracy of the registration pool and the exclusion of speculative entries. As a result, the full quota of 85,000 visas—comprising both the regular and master’s cap—was reached quickly, leaving no remaining slots to justify a second draw.

3. Lessons learned from FY 2023 and FY 2024

Earlier fiscal years, notably FY 2023 and FY 2024, saw multiple lotteries due to widespread duplicate registrations and non-filed selections. These patterns led to underutilisation of available cap numbers and administrative inefficiency. In response, USCIS upgraded its analytics and cross-system verification to detect overlapping entries and fraudulent submissions. By FY 2026, these technological and procedural upgrades had transformed the process into a more data-driven and transparent allocation system.

4. Enhanced transparency and employer accountability

USCIS also introduced clearer communication with employers throughout the registration and filing stages. Updated guidance and real-time status tracking encouraged employers to focus on genuine job offers that satisfied specialty occupation criteria under 8 C.F.R. § 214.2(h). This shift promoted higher filing accuracy, faster adjudications, and full cap utilisation in the first selection cycle.

Section Summary: The absence of a second H-1B lottery for FY 2026 reflects the success of USCIS’s anti-fraud reforms, identity verification systems, and employer accountability initiatives. Stronger compliance and more accurate data ensured that the entire 85,000 visa quota was reached in the first lottery without requiring an additional round.

Section D: What Employers and Applicants Should Do Now

With USCIS confirming that no second H-1B lottery will take place for FY 2026, employers and foreign professionals must now focus on next steps. For those selected, the priority is to prepare and file compliant petitions within the given timeframe. For those not selected, planning alternative immigration strategies and preparing for the next cap season will be crucial.

1. For selected registrants and employers

Employers with selected registrations must file a complete Form I-129 petition within the deadline shown on the USCIS selection notice. Every petition must include:

• A certified Labor Condition Application (LCA) from the U.S. Department of Labor.
• Evidence that the offered position qualifies as a specialty occupation under 8 C.F.R. § 214.2(h)(4).
• Proof of the beneficiary’s eligibility, such as degrees, transcripts, and credentials evaluations.
• Payment of all required USCIS filing fees, including the Fraud Prevention and ACWIA training fees.

Accuracy and timing are critical. Mistakes or missing documentation can result in Requests for Evidence (RFEs), delays, or denials. Employers should also maintain records of the employment relationship, wage offer, and business operations for future audits or compliance reviews.

2. For non-selected applicants

Applicants not chosen in the FY 2026 lottery may still have viable routes to U.S. work authorisation depending on their background and employer circumstances. Possible alternatives include:

• L-1 Visa (Intra-Company Transfer): For executives, managers, or specialised knowledge employees transferring within multinational organisations.
• O-1 Visa (Extraordinary Ability): For individuals with extraordinary achievement or distinction in their field.
• TN Visa (USMCA): Available to Canadian and Mexican nationals working in eligible professional occupations.
• Cap-Exempt H-1B Employment: For positions with universities, nonprofit entities, or research organisations not subject to the annual cap.
• F-1 Visa (OPT or STEM OPT): For international students continuing employment authorisation while maintaining student status.
• E-2 Treaty Investor Visa: For nationals of treaty countries investing in and managing U.S. enterprises.
• J-1 Exchange Visitor Visa: For those participating in approved research, teaching, or training programmes.

Exploring these options can preserve lawful status, work eligibility, and professional momentum while preparing for the next H-1B cycle.

3. Preparing for the FY 2027 H-1B lottery

Employers intending to sponsor candidates for FY 2027 should begin preparations well before the March 2026 registration window. Key preparatory steps include:

• Confirming job eligibility and prevailing wage levels.
• Ensuring myUSCIS registration accounts and authorised representative details are current.
• Identifying eligible candidates and verifying qualification evidence early.
• Monitoring USCIS announcements for changes to registration procedures or fees.

Early preparation reduces the risk of administrative errors and ensures timely participation once registration opens.

4. Maintaining immigration compliance

Employers must maintain full compliance with all H-1B regulations, including Labor Condition Application and record-keeping duties under 20 C.F.R. § 655.760. This involves keeping accurate Public Access Files (PAFs), posting wage information correctly, and cooperating with potential site visits. Failure to comply can lead to civil penalties, back-pay orders, and disqualification from the H-1B programme.

Employers without in-house immigration support should consider working with qualified counsel or compliance specialists to ensure ongoing adherence to H-1B obligations and deadlines.

Section Summary: With FY 2026 selections complete, employers should prioritise accurate petition filings and compliance management. Unselected applicants can pursue alternative visa categories or plan early for FY 2027 participation. Strategic preparation and diligent compliance remain central to navigating the U.S. employment visa landscape successfully.

FAQs

1. Will there be an H1B second lottery in 2026?

No. USCIS confirmed in August 2025 that the FY 2026 H-1B cap was reached from the initial selection round, so there will be no second lottery for FY 2026.

2. How does USCIS decide whether to run a second lottery?

After the first selection, USCIS tracks how many selected registrants file timely, approvable petitions. If the numbers appear insufficient to meet the statutory cap, USCIS may conduct a supplemental selection. If the cap is met from first-round filings and approvals, no additional draw occurs.

3. Could a second lottery happen in FY 2027?

Possibly. Second lotteries are situational and depend on registration volumes, filing rates, and approvals in that cap season. Employers and beneficiaries should monitor USCIS updates for FY 2027.

4. I wasn’t selected. What are my alternatives?

Depending on eligibility, alternatives may include L-1 (intra-company transferees), O-1 (extraordinary ability), TN (for Canadian and Mexican professionals), cap-exempt H-1B roles (universities, certain nonprofits, and research organizations), F-1 OPT/STEM OPT, E-2 (treaty investors), or J-1 exchange categories.

5. Can my employer submit a registration again next year?

Yes. Each fiscal year is a new cycle. Employers can re-register eligible candidates during the FY 2027 registration window, expected in March 2026.

6. What happens if a selected registrant does not file a petition?

The selection expires and cannot be reassigned. Historically, aggregate non-filing could lead to a second lottery, but for FY 2026 the cap was met without an additional selection.

7. How can employers avoid issues that jeopardize future participation?

Follow all USCIS registration rules, avoid duplicate registrations for the same beneficiary, ensure the offered role qualifies as a specialty occupation, and maintain accurate compliance records for LCAs and Public Access Files.

Conclusion

The FY 2026 H-1B cap season officially closed with USCIS confirming that all 85,000 available visa numbers were allocated during the initial selection round. This development represents a notable improvement in programme integrity and efficiency compared to earlier years when multiple lotteries were required to meet the statutory quota.

The absence of a second H-1B lottery demonstrates the effectiveness of USCIS’s beneficiary-centric registration reforms and the strengthened anti-fraud and verification systems introduced from FY 2025 onwards. These measures eliminated duplicate and speculative filings, resulting in higher petition submission and approval rates. Consequently, the agency fulfilled the full visa allocation quickly and transparently.

For U.S. employers, the focus should remain on maintaining robust compliance with Labor Condition Application requirements, wage obligations, and record-keeping duties under 20 C.F.R. § 655.760. Diligent compliance minimises enforcement risk and preserves eligibility for future sponsorship opportunities.

For foreign professionals, the outcome of the FY 2026 H-1B lottery underscores the importance of preparation and flexibility. Although no second lottery will occur this year, alternative immigration categories such as the L-1, O-1, TN, E-2, or J-1 visas may still provide viable employment pathways. Those seeking H-1B sponsorship should prepare early for the FY 2027 registration period expected in March 2026.

Section Summary: The closure of the FY 2026 H-1B lottery after one round signals greater transparency and accountability in the H-1B programme. With continued compliance and early strategic planning, employers and skilled professionals can approach future cap seasons with improved confidence and predictability.

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