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 selection feels uncertain because supply is fixed and demand is not. Congress sets 85,000 new H-1B numbers a year, and every March employers register more people than that. Since fiscal year 2027, the odds also depend on the wage level of the offer.
How selection works now
DHS replaced the random draw with a weighted selection, first used for fiscal year 2027. As Ogletree Deakins explained, a registration receives one to four entries depending on the wage level tied to the offered salary. Master’s cap candidates can be considered twice, once in the regular pool and once in the master’s pool. USCIS confirmed the process was completed on March 31, 2026.
What the numbers show
USCIS reported 211,600 properly submitted registrations for fiscal year 2027, down 38.5 percent from 343,981, Fragomen reported. It also said 71.5 percent of selected beneficiaries held a U.S. master’s degree or higher, and 17.7 percent were at the lowest wage level. USCIS attributed the drop to reduced incentives for mass, low-wage registrations rather than lower employer demand, according to Staffing Industry Analysts. USCIS had not published a full selection rate at the time of the reports.
Why uncertainty remains
A person cannot register themselves, the odds depend on a wage level that an employer must determine, and a selected registration still requires a full petition within 90 days. A separate $100,000 payment tied to 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 applies to some workers outside the United States. See our report on the extension.
What else exists
- Cap-exempt employers such as universities and research nonprofits, which can file any time of year. See our cap-exempt guide.
- Nationality-based options: TN for Canadians and Mexicans, E-3 for Australians and H-1B1 for Chile and Singapore. See the three-way comparison.
- O-1 for people who can document 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, and L-1 for internal transfers.
- Study or work abroad, then a transfer later.
Each has conditions, and none replaces the H-1B for every candidate. For the pipeline for students, see our pipeline explainer.