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Work VisasJanuary 25, 2026 9 min read

H-1B Visa 2026: Cap Season Updates, Lottery Tips & Strategies

Karo Karapetyan
Karo KarapetyanJustice For All
H-1B Visa 2026: Cap Season Updates, Lottery Tips & Strategies

The H-1B visa remains the most sought-after work visa for skilled foreign professionals in the United States. With annual caps creating intense competition, understanding the process and preparing strategically is essential. Here is what you need to know for the 2026 H-1B cap season.

2026 H-1B Cap and Lottery System

The annual H-1B cap remains at 65,000 visas for the regular cap, plus an additional 20,000 for beneficiaries with U.S. master's degrees or higher. USCIS conducts a lottery when registrations exceed available visas, which has been the case for several years.

The electronic registration system requires employers to register beneficiaries during a designated period (typically early March). Only if selected in the lottery can you proceed to file the full H-1B petition.

Fraud Prevention Measures

USCIS has implemented stricter fraud prevention measures to address the issue of multiple registrations for the same beneficiary. Employers caught submitting duplicate or fraudulent registrations face serious consequences, including being barred from the H-1B program.

Strategies to Improve Your Chances

1. Multiple Employers: Legitimate registrations from multiple unrelated employers are permitted and can improve selection odds.

2. Cap-Exempt Employers: Universities, nonprofit research organizations, and government research organizations are exempt from the H-1B cap. Working for these employers means no lottery.

3. Alternative Visas: O-1 (extraordinary ability), L-1 (intracompany transfer), or E-2 (treaty investor) visas may be viable alternatives depending on your qualifications.

"The H-1B lottery can feel like leaving your career to chance. We help clients develop backup plans and explore all available options."

What If You Are Not Selected?

If you are not selected in the lottery, you may be able to maintain status through OPT extension (for STEM graduates), change to another visa category, or explore employment with a cap-exempt employer. Do not give up—there are usually options.

Need help with your H-1B petition or exploring alternatives? Contact Justice For All for expert guidance.

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