How the cap works
Each fiscal year there is a regular cap of 65,000 H-1B visas, plus an additional 20,000 reserved for people who hold a U.S. master's degree or higher (the "advanced-degree exemption"). Some employers — including many universities and affiliated non-profits — are cap-exempt and can file at any time.
Because registrations usually far outnumber the available numbers, USCIS must select which registrations may proceed to a full H-1B petition. A DHS final rule published in the Federal Register on December 29, 2025 replaced the previous random selection with a weighted, wage-level-based selection process effective February 27, 2026, first applied to the FY 2027 registration period. Registrations tied to higher Department of Labor prevailing-wage levels are now weighted more heavily in the selection, rather than every registration having an equal, random chance.
The electronic registration step
Cap-subject employers (or their representatives) first complete a short electronic registration for each beneficiary during a defined window, typically in early spring, and pay the registration fee. Beyond the employer and worker's basic information, each registration now also captures the position's wage level, its Standard Occupational Classification (SOC) code, and the intended work location — the data USCIS uses to weight the registration for selection.
After the window closes, USCIS selects enough registrations to meet the cap, weighted by wage level, and notifies registrants. A selected registration is essentially an invitation to file the petition during the assigned filing period — it is not yet an approval.
What strong documentation looks like
The H-1B is for a "specialty occupation" — a role that normally requires at least a bachelor's degree (or equivalent) in a specific field. The petition needs to connect three things clearly: the position, its degree requirement, and the worker's qualifications.
- A detailed job description showing the role's specialized duties and the specific degree field it requires
- Evidence of the worker's degree (and a credential evaluation if the degree is from outside the U.S.)
- A Labor Condition Application (LCA), Form ETA-9035, certified by the Department of Labor before the petition is filed
- Supporting company materials — organizational context, the project, and how the role fits
Prepare before you're selected
The filing window after selection is finite, so the applicants who do best are the ones who gather evidence before results come out. Collect transcripts and diplomas, line up any credential evaluation, finalize the job description, and confirm the wage level and SOC code early, since those now directly affect the odds of selection. If you're selected, you'll be assembling rather than starting from scratch.
Dates, fees and procedures for each season are set by USCIS and can change year to year. Always confirm the current cap-season details on the official page before relying on any timeline.