H-1B Lottery & Cap-Subject Petitions

Each year, USCIS makes 85,000 new H-1B visas available through a lottery process:

  • 65,000 regular cap visas
  • 20,000 additional visas reserved for beneficiaries with U.S. master’s degrees or higher

Employers must register their candidates electronically during a limited period each spring. USCIS then randomly selects registrations, and only selected candidates can move forward to file full petitions.

Registration Process

  1. Create a USCIS Organizational Account at my.uscis.gov
  2. Add Your Attorney as Legal Representative to manage the filing on your behalf
  3. Submit Employer & Beneficiary Information (company details, job role, beneficiary’s biographic data, passport, degree documents)
  4. Pay the Registration Fee (currently $215 per beneficiary)
  5. Await Selection Results (posted online in employer accounts)

After Selection

If selected, employers must submit a complete H-1B petition, including:

  • Approved Labor Condition Application (LCA)
  • Detailed position description and evidence of specialty occupation
  • Beneficiary qualifications (degrees, transcripts, prior experience)
  • Supporting employer information

What Employers Should Know

  • Beneficiary-Centric Selection: Multiple employers cannot submit duplicate registrations for the same candidate.
  • Deadlines Matter: Only petitions filed within the designated window are considered.
  • No Filing Without Selection: A registration must be selected in the lottery before USCIS accepts a petition.

Our Role

We manage every step of the cap-subject process:

  • Setting up organizational accounts and adding us as representatives
  • Ensuring proper documentation for both employer and beneficiary
  • Preparing the petition package for timely submission after selection
  • Advising on alternatives if a beneficiary is not selected

Even with the lottery, preparation and compliance are critical. A selected registration only becomes a successful H-1B when the petition is properly filed and approved.