How Many H-1B Visas Per Year? (Cap & Allocation Rules)

Understanding H-1B Visa Allocation

The H-1B visa program doesn't issue visas on a first-come, first-served basis. Instead, USCIS sets statutory caps that control how many new H-1B workers can start employment each fiscal year. Employers register beneficiaries during a brief window, USCIS selects registrations electronically, and only those selected may file petitions.

The system allocates 85,000 new H-1B visas annually, divided into two separate pools: 65,000 for the general category (the 'regular cap') and 20,000 for beneficiaries holding U.S. master's degrees or higher (the 'advanced degree cap' or 'master's cap'). These caps apply only to new H-1B workers starting initial status. Extensions, transfers between cap-subject employers, and certain cap-exempt positions fall outside these quotas entirely.

What this article clarifies is the dual-lottery mechanism, who the caps exclude, and how the numerical limits interact with the registration timeline.

The Statutory Cap Structure

Congress fixed the H-1B numerical limits under the American Competitiveness and Workforce Improvement Act of 1998. As of 2026, the allocation stands at:

• 65,000 visas under the general cap, available to all qualifying beneficiaries regardless of education level
• 20,000 additional visas reserved exclusively for individuals holding U.S. master's degrees or higher

The 20,000 master's-cap slots are not subtracted from the 65,000 general pool; they function as a separate quota. A beneficiary with a U.S. master's degree enters the master's-cap lottery first. If not selected there, the same registration automatically rolls into the general-cap lottery for a second chance. Someone without a U.S. advanced degree enters only the general-cap pool.

This structure means total new H-1B availability each fiscal year is 85,000 visas, not 65,000.

H-1B Lottery Registration and Selection

USCIS opens the registration period annually, typically in March for employment starting the following October 1 (the start of the federal fiscal year). As of March 2026, USCIS charged a $10 registration fee per beneficiary. Employers submit electronic registrations during the designated window — usually 14 to 21 days.

Once the window closes, USCIS conducts the lottery:

1. Master's-cap lottery runs first: All registrations for beneficiaries with U.S. master's degrees or higher compete for the 20,000 advanced-degree slots.
2. Unselected master's registrations roll into the general pool: Registrations not picked in the master's lottery join all other registrations (including those from beneficiaries without advanced degrees) in the 65,000-visa general lottery.
3. General-cap lottery runs second: USCIS selects 65,000 registrations from the combined pool.

This dual-lottery design gives U.S. advanced-degree holders two chances at selection in a single registration cycle. If demand in either pool exceeds available slots, selection is random.

Who Is Exempt from the H-1B Cap?

Not every H-1B petition counts against the 85,000 annual limit. Several categories of employers and workers remain cap-exempt:

Cap-exempt employers (their H-1B petitions never enter the lottery):

• Institutions of higher education and affiliated nonprofit entities
• Nonprofit research organizations
• Governmental research organizations

Cap-exempt situations (beneficiaries already counted once):

• H-1B extensions with the same employer
• H-1B amendments (job changes with the same employer that don't require a new cap number)
• Transfers between employers after the beneficiary has already been counted against the cap in a prior fiscal year
• Changes from cap-exempt to cap-subject employer or vice versa, if the beneficiary was previously cap-subject

A beneficiary who was once selected and approved under the H-1B cap retains that cap number for six years of total H-1B time. Switching employers (portability under INA §214(n)) does not require re-entering the lottery. The new employer files an H-1B transfer petition, and approval allows the beneficiary to begin work immediately for the new employer without waiting for October 1.

Country-Specific Allocations Within the H-1B Cap

Unlike employment-based immigrant visas, H-1B nonimmigrant visas do not impose per-country limits. The 85,000 cap applies globally. Nationals of any country compete in the same lottery pools without separate quotas or set-asides. Selection is random across all registrations, regardless of the beneficiary's country of birth or citizenship.

This differs fundamentally from the employment-based green card system, where per-country caps create years-long backlogs for applicants from India and China. The H-1B lottery does not replicate that structure.

Premium Processing and the Cap

Premium processing — the service where USCIS guarantees a 15-business-day response window for an additional fee — does not affect cap selection. Paying for premium processing after selection speeds adjudication of the petition itself, but it does not increase the odds of being chosen in the lottery. Registration selection is random and happens before any petitions are filed.

As of early 2026, USCIS periodically suspends premium processing for certain form types during high-volume periods. Confirm current availability and fees at uscis.gov/forms before planning around expedited adjudication.

Fiscal Year Timing and October 1 Start Dates

The federal fiscal year begins October 1. H-1B cap-subject petitions approved through the lottery authorize employment starting on or after that date, not before. An employer may file the petition as early as April 1 (after receiving a selection notice), but the beneficiary cannot begin H-1B work until October 1 arrives.

Beneficiaries already in the U.S. in another status (such as F-1 OPT or L-1) may continue working under that status until the H-1B effective date. Those outside the U.S. apply for an H-1B visa stamp at a consular post after petition approval and may enter the U.S. up to 10 days before the October 1 start date.

Comparison: H-1B Cap vs Cap-Exempt Petitions

What If My Registration Isn't Selected?

Here's the honest answer: non-selection in the H-1B lottery does not mean the beneficiary is ineligible or the petition was deficient. It means demand exceeded the 85,000 available slots and random selection did not pick that registration. The employer may register again in the next fiscal year's lottery.

Options after non-selection depend on the beneficiary's current status:

• F-1 students on OPT: May continue OPT (including STEM OPT extension if eligible) and re-register the following year
• Other nonimmigrant status (L-1, E-2, TN, etc.): May remain in that status and re-register, or the employer may consider cap-exempt positions or other visa categories
• Outside the U.S.: May explore other visa options (L-1, O-1, E-2) or wait to re-register

USCIS does not carry forward unselected registrations. Each fiscal year's lottery is independent.

What If USCIS Runs a Second Lottery?

When initial selections do not generate enough approvable petitions to fill the 85,000 cap (due to denials, withdrawals, or employers not filing after selection), USCIS may conduct additional selection rounds from the remaining registration pool. The agency announces supplemental selections publicly and notifies affected registrants.

Supplemental selections follow the same dual-lottery process: unselected master's registrations compete first for any remaining advanced-degree slots, then all remaining registrations compete for general-cap openings. Employers receive selection notices and must file petitions within the filing window specified in the notice.

Supplemental lotteries are not guaranteed and depend entirely on whether initial selections fall short of the cap.

What If I Transfer Employers After Cap Selection?

Once a beneficiary has been counted against the H-1B cap and holds an approved H-1B petition (or is currently in H-1B status), changing employers does not require re-entering the lottery. The new employer files an H-1B transfer petition (Form I-129) requesting a change of employer. Upon filing — not approval — the beneficiary may begin working for the new employer if certain conditions are met (the petition requests an extension of stay, the beneficiary has not violated status, and the petition was timely filed).

This portability provision under INA §214(n) allows cap-subject beneficiaries to move between employers without waiting for another October 1 start date, as long as the new petition is filed before current H-1B status expires.

Historical Context: When Did the Cap Begin?

Congress first imposed an H-1B numerical cap in 1990 at 65,000 visas annually. The cap rose temporarily to 115,000 in 1999 and 195,000 in 2001-2003 during the dot-com expansion. It reverted to 65,000 in fiscal year 2004. The 20,000 advanced-degree exemption was added in 2004 and remains in effect as of 2026.

Demand has exceeded the combined 85,000 cap every year since fiscal year 2014, making lottery selection the standard path for cap-subject petitions.

Blunt Honest Answer: The Cap Is a Hard Limit

Let's be direct: no amount of preparation, credential strength, or employer reputation changes the lottery odds. Once registrations exceed 85,000, selection is random. A Nobel Prize winner and a recent bachelor's degree holder face identical selection probabilities within their respective pools. The only advantage the dual-lottery structure offers is the second chance for U.S. master's degree holders.

What employers control is petition quality after selection. A well-documented specialty occupation showing the position requires a bachelor's degree in a specific field, plus evidence the beneficiary holds that degree or equivalent, materially improves approval odds. Selection gets the employer into the game; the petition's substantive strength determines the outcome.

Filing Fees and Government Costs

USCIS adjusts H-1B fees periodically. As of early 2026, employers filing cap-subject H-1B petitions typically pay:

• Base I-129 petition filing fee
• Fraud Prevention and Detection fee (one-time, $500)
• ACWIA fee ($750 or $1,500 depending on employer size, paid with initial petitions and certain extensions)
• Optional premium processing fee if available

Confirm current fees at uscis.gov/forms before filing. Fee rules change through Federal Register notices, and posted amounts supersede any figure stated in secondary sources.

How the Law Offices of Peter D. Chu Approaches H-1B Cap Cases

Navigating the H-1B cap process requires precise timing and documentation. Employers register during the narrow March window, then must prepare complete I-129 petitions immediately upon selection to meet the April-June filing period. Evidence must demonstrate that the position qualifies as a specialty occupation under 8 CFR §214.2(h)(4)(iii)(A) and that the beneficiary meets the regulatory criteria.

For a $250 consultation, the Law Offices of Peter D. Chu reviews whether a proposed position is likely to meet the specialty occupation standard, evaluates the beneficiary's qualifications, and identifies documentation gaps before registration. Consultation does not guarantee lottery selection — no attorney controls that — but it ensures the petition filed after selection is as strong as the facts allow.

Disclaimer: This article provides general information about U.S. immigration law and is not legal advice. Reading this content does not create an attorney-client relationship. Immigration outcomes depend on individual facts, and procedures change. Consult a licensed immigration attorney before taking action on any immigration matter.

Need guidance on H-1B cap registration or petition strategy? Contact the Law Offices of Peter D. Chu at 858-268-8823 or visit our San Diego office at 4615 Convoy St. Consultations are $250. Office hours: Monday–Friday, 8:30 AM – 5:30 PM.

Schedule a consultation with the Law Offices of Peter D. Chu — 4615 Convoy St, San Diego, CA 92111 · 858-268-8823 · Mon–Fri, 8:30 AM–5:30 PM. Consultation fee: $250.