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The H-1B work visa for the United States is issued through a lottery system when the number of applications exceeds the annual limit set by the U.S. government. Most applicants must first be selected in the H-1B lottery before they can apply for the actual visa.
What Is the H-1B Visa?
The H-1B visa is a non-immigrant work visa that allows U.S. employers to hire foreign professionals in specialty occupations, such as:
- IT and software development
- Engineering
- Finance and accounting
- Healthcare (non-clinical roles)
- Data science and analytics
The visa is employer-sponsored and usually granted for up to 3 years, extendable to 6 years.
Why Is the H-1B Visa Lottery Based?
Each year, the U.S. government sets a strict limit on how many new H-1B visas can be issued.
Annual H-1B Cap
- Regular cap: 65,000 visas
- Master’s cap (U.S. degree holders): 20,000 visas
- Total per year: 85,000 visas
Because applications far exceed this limit, a random lottery system is used to select applicants fairly.
Who Conducts the H-1B Lottery?
The H-1B lottery is conducted by U.S. Citizenship and Immigration Services (USCIS).
Employers must:
- Register candidates electronically
- Pay the registration fee
- Wait for lottery results before filing a full petition
How Does the H-1B Lottery Work?
Step 1: Employer Registration
U.S. employers submit an online registration for each candidate during the registration window (usually in March).
Step 2: Random Lottery Selection
If registrations exceed the cap:
- USCIS runs a computer-generated random lottery
- Selected applicants are notified through their employer
Step 3: Petition Filing
Only lottery-selected candidates can:
- File the complete H-1B petition
- Submit documents and fees
- Proceed toward visa approval
If not selected, the applicant cannot apply for H-1B that year.
Is Everyone Subject to the H-1B Lottery?
Yes, Most Applicants Are
The lottery applies to:
- First-time H-1B applicants
- Candidates applying under the regular or master’s cap
Lottery-Exempt Categories
Some applicants are not subject to the lottery, including those working for:
- Universities
- Non-profit research organizations
- Government research institutions
These are known as cap-exempt employers.
What Are the Chances of Getting Selected?
Selection chances depend on:
- Total number of registrations
- Whether you hold a U.S. master’s degree
- Year-to-year demand
In recent years, selection rates have often been below 30%, making the process highly competitive.
Can I Apply for an H-1B Visa Without the Lottery?
In most cases, no.
You must go through the lottery unless:
- You already hold an H-1B visa
- You are switching employers (H-1B transfer)
- You work for a cap-exempt employer
For new applicants, lottery selection is mandatory.
What Happens If I Am Not Selected?
If not selected:
- Your employer cannot file an H-1B petition
- You must wait until the next year’s lottery
- You may explore alternatives such as:
- L-1 visa
- O-1 visa
- F-1 OPT/STEM OPT
- Work visas in other countries (Canada, Australia, Europe)
Common Myths About the H-1B Lottery
- Myth: Higher salary guarantees selection
Fact: Selection is completely random - Myth: Experience improves lottery chances
Fact: Experience helps approval, not selection - Myth: Agents can influence results
Fact: Lottery is system-generated and unbiased
How WorkPermitCheck Can Help
At WorkPermitCheck, we help professionals:
- Understand H-1B lottery rules clearly
- Explore cap-exempt and alternative visas
- Compare U.S. options with Canada, Europe, and Australia
- Avoid false promises and visa scams
Knowing how the lottery works helps you plan smarter.
Final Answer: Is the H-1B Lottery Based?
Yes. The H-1B visa is lottery-based for most applicants due to the annual visa cap. Selection is random, and only those chosen in the lottery can move forward with the H-1B application process.
January 29, 2026
