The Cap-subject and cap-exempt (H-1B)The H-1B category has an annual limit of 65,000 new visas or statuses per fiscal year, plus 20,000 more for people with a U.S. master's degree or higher. Petitions counted toward that limit are cap-subject. Petitions from higher education institutions, their related or affiliated nonprofits, and nonprofit or governmental research organizations are cap-exempt.See it in the glossary “lottery” attracts more myths than almost any other part of U.S. immigration. Some were true once and are now outdated. Others were never true. Our earlier pieces explain the student-to-H-1B pipeline and why the process feels uncertain. This one checks the claims people repeat most.
Myth: It is a random lottery
Outdated. Starting with fiscal year 2027, USCIS uses a weighted selection. Each registration receives one to four entries depending on the wage level of the offered salary, so higher-paid roles have better odds, as Ogletree Deakins described. Chance still plays a role, but it is no longer equal for everyone.
Myth: More registrations mean better odds
False now. Since fiscal year 2025, selection has been beneficiary-centric: each person is entered once, based on passport information, regardless of how many employers register them. Multiple job offers do not add entries.
Myth: Workers can register themselves
False. Only a prospective employer, or its representative, can register a candidate and pay the $215 fee.
Myth: A master’s degree guarantees selection
False, but it helps. People with a U.S. master’s degree or higher can be considered twice, first in the regular pool of 65,000 and then in the 20,000 advanced degree pool. USCIS reported that 71.5 percent of those selected for fiscal year 2027 held a U.S. master’s degree or higher, according to Fragomen.
Myth: Demand keeps rising
Not in 2026. Properly submitted registrations fell 38.5 percent, from 343,981 for fiscal year 2026 to 211,600 for fiscal year 2027. USCIS attributed the drop to fewer mass, low-wage registrations rather than lower employer demand.
Myth: There is always a second round
False. USCIS runs additional selections only if the first round does not produce enough petitions. For fiscal year 2027, USCIS announced the cap was reached and no second selection would be run.
Myth: Selection means approval
False. Selection only allows the employer to file a full petition, usually within a 90-day window. USCIS then decides whether the job is a specialty occupation and the worker qualifies. Petitions can be denied.
Myth: Every H-1B now costs $100,000 extra
False. A Presidential proclamationA formal statement from the President addressed to the public. In immigration, proclamations are often issued under INA 212(f), which lets the President suspend or restrict the entry of noncitizens when the President finds their entry would be detrimental to the interests of the United States. The Supreme Court read that authority broadly in Trump v. Hawaii (2018), though courts have said it cannot override other parts of the INA.See it in the glossary requiring a $100,000 payment was extended on September 18, 2026, but it centers on certain workers seeking entry from outside the United States, as we explained. Separately, DHS has proposed a $103,265 fee on cap-subject petitions, which is not in effect. Standard government fees are listed in our cost guide.
Myth: Every H-1B goes through the lottery
False. Cap-exempt employers, such as universities and nonprofit research organizations, can file at any time. Extensions and changes of employer for people already counted do not go through selection. See cap-exempt employers.
Myth: If you lose, there is nothing else
False. Options can include cap-exempt jobs, O-1 for people with Extraordinary ability (EB-1A)The EB-1 category for people who can show sustained national or international acclaim, with achievements recognized in their field. The petition must include either a one-time major internationally recognized award or evidence meeting at least three of the criteria listed in 8 CFR 204.5(h)(3). No job offer or labor certification is required, and the person can file the Form I-140 on their own.See it in the glossary, L-1 after a year abroad with the same company, and nationality-based categories such as TN, E-3 and H-1B1. See TN, E-3 and H-1B1.
What is still true
- The annual cap is 85,000 new H-1Bs, set by Congress.
- Registration happens once a year, typically in March.
- Employment on a new cap-subject petition generally starts no earlier than October 1.
- Students may be able to bridge the gap through cap-gap extensions.
What employers and students can control
- Registering eligible candidates correctly and on time.
- Setting salary and wage level lawfully and accurately.
- Preparing petitions in advance so selected cases can be filed quickly.
- Planning backup routes before selection results arrive.
What they cannot control is the outcome of selection. Planning for both outcomes is the most useful step.
The registration period in practice
Registration typically runs for about two weeks in March. Employers need a USCIS organizational account, the BeneficiaryThe person on whose behalf a petition is filed, such as the relative or worker who would receive the immigration benefit.See it in the glossary’s passport details, and the job’s wage information. Selected registrants usually learn results by the end of March, and petitions can generally be filed starting April 1, with a 90-day filing window. For fiscal year 2027, USCIS announced selections were completed on March 31, 2026.
How students fit in
Many registrants are F-1 students on Optional Practical Training (OPT)Temporary work authorization that lets eligible F-1 students work in a job directly related to their field of study. It can be used before or after completing a program, for up to 12 months in total at each education level, and students with certain STEM degrees can apply for a 24-month extension. USCIS grants it on Form I-765 after the school's designated school official recommends it.See it in the glossary or STEM OPT. If selected and the petition is filed in time, the cap-gap rules may extend their status and work authorization until the H-1B starts, as described by USCIS. Our student-to-worker guide covers the details.
How selection results are delivered
USCIS notifies registrants through their online accounts. Workers learn results from the employer or its attorney, not directly from USCIS. A registration marked “selected” means the employer may file; “not selected” means no filing that year unless USCIS runs another selection. Workers should confirm results and filing plans with the employer promptly.
Timeline for students and new graduates
Students who graduate in May often begin OPT before the October 1 start date. Selection in March, filing in April to June, and cap-gap coverage through the summer is the usual pattern. Planning the OPT start date around this calendar can help avoid gaps.
Common questions
When is the next registration?
USCIS usually opens registration in March for the fiscal year beginning the following October. Watch USCIS announcements for exact dates.
Does wage level depend on my experience?
It depends on the prevailing wage level that matches the offered salary for the occupation and location, which the employer determines.
Can I be registered by two employers?
Yes, but you are entered only once. If selected, each registering employer can file.
Is the process the same for cap-exempt jobs?
No. Cap-exempt employers do not register and are not subject to selection.