HR Guide: FY2026 H-1B Lottery | Trump Administration | Key Challenges, Changes & Timelines in 2025

The H-1B visa program is a critical pathway for U.S. employers to hire foreign professionals in specialty occupations. As we approach the Fiscal Year 2026 (FY2026) H-1B lottery, it's essential to understand the process, key dates, recent changes, and other possible changes to navigate the system effectively.

H-1B Lottery Selection Data

The H-1B visa is capped annually, with 65,000 visas available under the regular cap and an additional 20,000 for individuals holding advanced degrees from U.S. institutions. Due to high demand, U.S. Citizenship and Immigration Services (USCIS) conducts a lottery to select applicants for these visas.

What are the chances of getting selected in the H-1B lottery?

18%; approximately 1 in 5 chances

of a registered foreign national getting selected in the H-1B lottery. You can read more about historical data on the number of registrations and selections in this article.

How Trump Administration may impact H-1B FY2026 Lottery in 2025?

As the 2025 FY2026 H-1B lottery season approaches, it's crucial for employers to stay informed about potential policy changes under the Trump administration that could impact the process. While specific regulations for FY2026 have yet to be finalized, several proposed changes and past initiatives provide insight into possible directions:

1. Wage-Based Selection Process

The Trump administration has previously proposed replacing the random H-1B lottery with a wage-based selection system. This approach would prioritize applicants offered higher salaries, aiming to attract highly skilled workers and reduce the exploitation of lower-wage positions. If implemented, employers may need to offer competitive wages to increase their candidates' chances of selection. Source: The Wall Street Journal

2. Increased Minimum Wage Requirements

There have been efforts to raise the minimum wage levels for H-1B positions, ensuring that foreign workers are compensated comparably to their U.S. counterparts. Such changes could lead to higher labor costs for employers and may influence the types of roles offered to H-1B candidates. Source: Migration Policy Institute

3. Narrowed Definition of 'Specialty Occupation'

Proposals have been made to tighten the criteria defining a 'specialty occupation' for H-1B eligibility. This would limit the range of positions qualifying for the visa, potentially excluding roles that do not require a specific degree or specialized knowledge. Employers should ensure that job descriptions and requirements align with any updated definitions to maintain eligibility. Source: Fisher Phillips

4. Enhanced Compliance and Anti-Fraud Measures

The administration has indicated plans to implement stricter compliance checks and anti-fraud measures within the H-1B program. This could involve more rigorous documentation requirements, site visits, and penalties for non-compliance. Employers must maintain thorough records and adhere strictly to all regulations to avoid potential issues. Source: Fisher Phillips

5. Potential Reduction in H-1B Cap Numbers

While the annual cap of 85,000 H-1B visas is set by statute, there have been discussions about reducing this number to limit the influx of foreign workers. Any reduction would increase competition for available visas, making it essential for employers to prepare meticulously for the lottery process. Source: Bloomberg Law

6. Restrictions on Third-Party Worksite Placements

Previous policies have sought to limit the placement of H-1B workers at third-party client sites, requiring detailed contracts and itineraries. Such restrictions could affect staffing companies and businesses that rely on outsourcing. Employers should review their staffing models and ensure compliance with any new regulations regarding third-party placements. Source: Migration Policy Institute

Preparation Recommendations

• Stay Informed: Regularly monitor official announcements from U.S. Citizenship and Immigration Services (USCIS) and the Department of Labor for updates on policy changes.

• Consult Legal Experts: Engage with immigration attorneys to navigate the evolving landscape and ensure compliance with new regulations.

• Review Compensation Structures: Assess and adjust wage offerings to align with potential wage-based selection criteria and increased minimum wage requirements.

• Audit Job Descriptions: Ensure that positions intended for H-1B sponsorship meet the 'specialty occupation' criteria as defined by current or forthcoming regulations.

• Enhance Documentation Practices: Maintain comprehensive records of employment terms, worksite locations, and compliance measures to prepare for potential audits or site visits.

By proactively addressing these potential changes, employers can better position themselves to navigate the FY2026 H-1B lottery process under the evolving policies of the Trump administration.

Timeline & Changes: What to expect in 2025?

Increased Registration Fee Effective FY2026

$10 to $215 per beneficiary

This change aims to deter frivolous or duplicate registrations. Source: Mondaq

Key Dates for FY2026 H-1B Lottery

While USCIS has not officially announced the exact dates for the FY2026 H-1B lottery, we can anticipate the following timeline based on previous years:

• Registration Period: Expected to open in early March 2025 and run for approximately two to three weeks.

• Lottery Selection: Results are typically announced by the end of March or early April 2025.

• Petition Filing Period: Selected registrants usually have a 90-day window starting April 1, 2025, to file their H-1B petitions.

• Employment Start Date: Approved H-1B employment can commence on October 1, 2025.

Recent Changes Impacting the H-1B Lottery

Several changes were implemented last year (FY2025) to enhance the integrity and fairness of the H-1B lottery process:

1. Beneficiary-Centric Selection: USCIS now employs a beneficiary-centric approach, ensuring each applicant has an equal chance of selection, regardless of the number of registrations submitted on their behalf. Source: USCIS

2. Mandatory Passport Information: Starting with FY2025, registrants are required to provide valid passport information during the registration process to verify the identity of beneficiaries. Source: USCIS

Steps to Register for the H-1B Lottery

To participate in the H-1B lottery, employers should follow these steps:

Create a USCIS Account

• Employers or their authorized representatives need to create an account on the USCIS portal. This account will be used to complete the electronic registration and track the lottery process.

• Account Type: Choose the correct type of USCIS account. Employers use the "H-1B registrant account" specifically for H-1B submissions.

Complete the H-1B Lottery Registration Process

• The registration period for FY2025 typically occurs in March (March 6–March 22, 2025). Employers need to complete all registrations during this period.

• Beneficiary Information: For each candidate, employers must provide key information, including:

  • Full legal name

  • Gender and date of birth

  • Country of birth and citizenship

  • Valid passport number (mandatory for FY2025)

• Single Entry: Under the “beneficiary-centric” approach, an individual can be registered only once, regardless of how many employers are interested in sponsoring them.

  • Even if someone is registered into the lottery 5 times by 5 different employers, they will only be put into the lottery just once.

Submit Registration Fee

• For each registration, employers must pay a non-refundable fee of $215. The payment is processed online and is required to complete the registration process.

• Payment Confirmation: Employers will receive confirmation of successful payment, and the registration becomes active only after this step.

Monitor the Lottery Selection Results

• Once the registration window closes, USCIS runs a random lottery to select candidates.

• Selection Notification: Employers are notified of lottery results via their USCIS account.

  • Selected candidates will have an official selection notice, allowing them to proceed with the full H-1B petition.

• Results are typically released in early April.

  • Unselected registrations may remain active if USCIS decides to run additional rounds based on available H-1B visa caps.

Prepare and Submit the H-1B Petition

• Timeline: Selected applicants have until June 30, 2025, to file the complete H-1B petition.

• Labor Condition Application (LCA): Before submitting the H-1B petition, employers must complete an LCA with the Department of Labor. This involves:

  • Verifying the job details, such as job title and duties.

  • Confirming the prevailing wage to ensure compliance with wage standards.

• Documentation: Employers need to submit specific documents, including:

  • Job offer letter

  • Employee qualifications (degrees, certifications)

  • Proof of employer's ability to pay the offered wage

Addressing New Requirements and Compliance

• Mandatory Valid Passport: Candidates need a valid passport at the time of registration.

• New Compliance Checks: USCIS has enhanced its authority to investigate and even revoke registrations if inconsistencies, potential fraud, or registration manipulation are identified.

Common Mistakes to Avoid

To improve the chances of a successful H-1B registration, avoid these common pitfalls:

• Duplicate Registrations: Submitting multiple registrations for the same beneficiary can lead to disqualification.

• Incorrect Information: Ensure all information, especially passport details, is accurate and matches official documents.

Stay Informed

In 2025, staying informed about the H-1B lottery process and adhering to the latest guidelines will be crucial for employers. Talk to your immigration counsel and plan for any upcoming changes. We'll update this blog as we become aware of more information.

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Content in this publication is not intended as legal advice, nor should it be relied on as such. For additional information on the issues discussed, consult a WayLit-affiliated attorney or another qualified professional.