Employee guide to the H-1B Cap lottery

All employees sponsored for an H-1B Cap case will be entered into the upcoming Cap lottery conducted by USCIS annually. The lottery system is used to limit the number of new H-1B visa petitions granted each fiscal year. USCIS grants 85,000 new H-1B visas (65,000 for all specialty occupation workers and 20,000 for specialty occupation workers who earned U.S. advanced degrees).

If a registrant is selected in the lottery, then an H-1B petition can be filed on their behalf by their sponsoring employer.

New as of 2026, the H-1B lottery will use a wage-weighted system that replaces the random selection. The new system increases the selection odds for higher-paid roles based on Department of Labor (DOL) prevailing wage levels. Each beneficiary's registration is entered into the selection pool multiple times (1 to 4) depending on the offered salary level relative to the occupational average in the location of employment. Our legal team will work closely with employers to complete a thorough assessment of all H-1B cap cases based on the offered position, minimum education requirements, and salary, consistent with federal law to determine the best strategy for each petition.

Learn more about H-1B nonimmigration status.

On December 23, 2025, the Department of Homeland Security (DHS) published a Final Rule to Change the Selection Process for H-1B Cap Cases from a “random” selection process to a “weighted” selection process. The new process took effect on February 27, 2026 in time for the FY2027 H-1B Cap lottery. 

DHS has replaced the random H-1B lottery with a lottery system that is based on the wage levels for the applications registered in the H-1B Cap. Registrations associated with higher Occupational Employment Statistics (OES) wage levels receive higher selection weight (i.e., more chances at the lottery), although all wage levels remain eligible.

Learn more about the weighted lottery process. 

The lottery typically takes place in early April. We recommend that employers begin considering who will be sponsored in the upcoming lottery starting in December or January so cases can be opened in Envoy Global early in the year. To be considered for the lottery, employers will work with CIP to register eligible during the registration period which typically takes place in March. Any beneficiaries selected may then be eligible to apply for H-1B status.

Your sponsoring employer might consider enrolling foreign nationals in the following visa statuses. We recommend reading this article on Cap enrollment for more information. Employers will work with the legal team at CIP to determine who is eligible for the Cap lottery.

• F-1 CPT, OPT, and STEM OPT 
• L-1A and L-1B
•  O-1
• TN, E-3, H-1B1
• Dependents (H-4, L-2S, E-2S, E-3S, AOS applicants) 

Employers typically begin to work with the legal team at CIP to open Cap cases for eligible beneficiaries in January and February. This can vary depending on government announcements that may impact casework. When a case is opened and an employees are invited to the Envoy Global platform, then they will receive an email notification from noreply@envoyglobal.com. 

The case name will include 'Cap' in the title if the employee is being entered into the H-1B Cap lottery. 

If an employee is unsure whether they will be sponsored, we recommend they connect with their employer for more information. 

Color Copy of Passport: The biographical page is sufficient for this case. 

Evidence of Current/Prior Immigration Status

Visa Stamp: Issued at a consulate, this is a page within the employee's passport that includes biographical details and a photo. The legal team generally does not require entry/exit stamps. 

If the employee is on F-1 OPT status: Provide all Form I-20 and EAD card(s). Employees should contact their university’s Designated School Official (DSO), if they need assistance with locating your I-20s.

Other visa statuses, such as L-1 or TN: Provide an endorsed I-129S or an I-797 Approval Notice if applicable.

Form I-94: A CBP I-94 is issued to all foreign nationals upon entry to the US.

Education Documents: 

• University-level Diploma(s) and Transcripts/Marksheets.
• Providing education documents prior to graduation
  •  
    • Provide education information in the questionnaire and upload transcripts/marksheets
    • If an employee has not received their diploma yet, upload a letter from the school’s registrar to the diploma placeholder.  The letter should include the following information:
      • Confirmation that the School and University requirements have been completed
      • The Degree to be awarded (including the field of study) 
      • Anticipated conferral date

There are a series of important dates leading up to and after the Cap lottery that employees should keep in mind. It is important to note that dates announced by USCIS will likely change year to year. Envoy Global and CIP will keep employees informed when official dates are announced. 

January - Cap cases will begin to be opened and intake information will be requested from the employee so the legal team can complete their initial analysis. 

March - H-1B Cap registration typically takes place.

April - H-1B Cap lottery typically takes place. 

All Cap cases typically need to be filed within a designated filing period. 

October - Employees with an approved H-1B petition can typically begin working. 

For the most part, no. All fees related to Cap registration and the filing of the petition are typically paid by the sponsoring employer and in some cases it is not permitted for the employee to pay. 

If premium processing is eligible for the filing, then employers may allow employees to cover the cost of the processing upgrade. As a reminder, premium processing is available at the discretion of USCIS and only impacts government processing timelines. 

All eligible beneficiaries must be registered within the registration window that USCIS provides to be considered for the H-1B Cap lottery. This period is typically announced in February but varies year to year. There is no benefit to applying early or late in the registration window, so long as they are registered within the registration period.

Registration typically takes place in the MyUSCIS online portal and employers will work with Envoy Global and CIP to ensure their accounts are setup and linked to their legal representative(s). Registration updates will be available in MyUSCIS including registration confirmation, selection status, and more. Employees do not have access to MyUSCIS, so they should check the Envoy Global platform for updates. 

Once the registration period closes, USCIS will typically begin announcing selections in a few business days and selections may continue to be updated for several days. Envoy Global and CIP will work with employers to review selections and update the Envoy Global platform once selections are confirmed.  

After a beneficiary has been successfully registered in MyUSCIS, a Registration ID will be added to the H-1B Cap Case Details in Envoy Global and the case will be placed In Process pending the lottery results.

Please allow 1-2 business days for the Registration ID to be added to the case after the beneficiary has been registered in MyUSCIS.

The Registration ID is provided as a courtesy to confirm registration. Beneficiaries will not have the ability to view the status of the ID by checking any government website. The legal team will coordinate with the sponsoring employer once they have information on whether the case is selected. 

If a beneficiary is selected in the Cap lottery, then CIP will work with the employer to confirm whether they can proceed with preparing and filing the H-1B petition. There is typically a filing window which lasts 90 days. Being selected in the lottery does not grant H-1B status, but rather the opportunity to file an H-1B petition. The petition would still need to be adjudicated by USCIS along standard processing times. 

There are normally two ways an H-1B Cap petition can be filed: (1) Change of Status or (2) Consular Notification.

• Change of Status: if you are already in the U.S. in another valid nonimmigrant status (such as F-1, L-1, or TN) and will not be traveling internationally in 2026, we recommend filing your case as a “Change of Status,” so that your status (and the status of any dependents applying with you) will change to H-1B automatically on October 1, 2026 or the approval date, if approved after October 1, 2026.
• Consular Notification: Filing H-1B petitions under the typical alternative of “consular processing” to facilitate international travel plans is not recommended due to the application of the $100,000 H-1B fee for consular H-1B petitions imposed by Presidential Proclamation in September 2025. Please speak with the legal team at CIP for the most updated guidance. 

IMPORTANT: International travel during the Cap period will impact the strategy of your case. If you travel internationally while your H-1B cap petition is filed and pending with USCIS, it will abandon the change of status request and may be denied. If approved, it may be approved with consular notification and trigger the $100K fee.

As an H-1B nonimmigrant, the initial petition can be granted for three years at most. The time period can be extended, up to a total of six years, with some exceptions.

If an employee has dependent family members (spouse or children under 21) who require sponsorship based on the H-1B petition, then the employee can provide their information on the case questionnaire during intake. If a beneficiary is selected, then a separate dependent case would be opened for their family members. 

For family members who will apply outside the U.S., dependents can typically apply for an H-4 visa at the consulate based on the primary's approved H-1B status. In this situation, it is not necessary to submit an H-4 application to USCIS before applying for the H-4 visa at the consulate.

Please message the legal team at CIP in the Communication Center with any questions on dependent filings. 

If a beneficiary is not selected, then CIP with work with the employer to review their options or 'Cap alternatives'. These options are typically reviewed prior to registration so employers are clear on contingency options if an employee is not selected. 

We will keep accounts open in the Envoy Global platform until we hear from USCIS that all selections have been made and the Cap has been met. It is possible that there could be additional lottery selections after the initial round. 

No. Traveling internationally while the H-1B Change of Status is pending, USCIS may consider the change of status petition to have been abandoned. USCIS may still approve the employment portion of the H-1B petition, but it will be converted to a consular notification case, which would also trigger the $100k fee. If an employee has international travel plans in 2027, contact the legal team at CIP immediately. 

There are normally two ways an H-1B Cap petition can be filed: (1) Change of Status or (2) Consular Notification.

• Change of Status: if you are already in the U.S. in another valid nonimmigrant status (such as F-1, L-1, or TN) and will not be traveling internationally in 2026, we recommend filing your case as a “Change of Status,” so that your status (and the status of any dependents applying with you) will change to H-1B automatically on October 1, 2026 or the approval date, if approved after October 1, 2026.
• Consular Notification: Filing H-1B petitions under the typical alternative of “consular processing” to facilitate international travel plans is not recommended due to the application of the $100,000 H-1B fee for consular H-1B petitions imposed by Presidential Proclamation in September 2025. Please speak with the legal team at CIP for the most updated guidance. 

IMPORTANT: International travel during the Cap period will impact the strategy of your case. If you travel internationally while your H-1B cap petition is filed and pending with USCIS, it will abandon the change of status request and may be denied. If approved, it may be approved with consular notification and trigger the $100K fee.

The H-1B forms require CIP to list a specific consulate where the employee will apply for a visa. The Department of State requires for visa applicants to apply at their country of nationality or residence. If the employee lives abroad, we suggest they list the consulate in your country that is most convenient for them. 

Canadian citizens should list their preferred international airport with a Pre-Flight Inspection (PFI) Station or their preferred border crossing port of entry. Please post a message to the legal team at CIP for further guidance on this section.

Under the current Department of State rules, all visa applicants must apply for U.S. visas in their country of citizenship or residence. If there is no U.S. Consulate in their home country or if traveling there would pose a hardship, please contact the legal team at CIP for guidance.

For any international travel after October 1, the employee may need to apply for the H-1B visa stamp at a U.S. consular post abroad prior to returning the U.S. Canadian citizens are typically exempt from the visa requirement. If the employee does not have any international travel plans, then they do not need an H-1B visa stamp.

Immediately contact the legal team at CIP if an employee has upcoming international travel plans as guidance could change case to case.

STEM OPT extensions are separate and distinct from H-1B petitions. F-1 students are eligible for a 24- month extension of post-completion OPT if:

• The student possesses a bachelor’s, master’s, or doctorate degree from a qualifying U.S. institution included on the STEM Designated Degree Program List;
• The student is currently in an approved post-completion OPT period based on a designated STEM degree; The student is employed by a U.S. company enrolled in E-Verify;
• The student is employed by a U.S. company enrolled in E-Verify;
• The student timely files for an extension (i.e., before current post-completion OPT expires); and
• The student’s optional practical training program with the employer is related to their STEM program of study.

F-1 students may obtain additional information about STEM OPT extensions on the Student and Exchange Visitor Program website at https://www.ice.gov/sevis. 

To determine whether an employee is eligible and for guidance on how to apply, they should contact their Designated School Official (DSO)

To determine whether an employee is eligible and for guidance on how to apply, they should contact their Designated School Official (DSO)

F-1 students (including those in OPT or STEM OPT extension) who file an H-1B petition prior to their “final” Employment Authorization Document (EAD) expiration date are eligible to continue working under “Cap-Gap” regulations. This regulatory provision allows these students the benefit of extending their visa status to bridge the gap between the end of F-1 status and start of H-1B status, thereby allowing the student to remain in the U.S. during the "gap".

More information on Cap-Gap can be found on the USCIS website.

Yes. If if an employee is currently in F-1 or J-1 status and the H-1B Cap petition is approved, notify the sponsoring employer's payroll department once the employee enters the U.S. in H-1B status or before the effective date of the change of status (10/1 or later date if approved later). This is required to ensure that the employee is complying with tax regulations and that the appropriate deductions are being made to their paycheck. We strongly advise that the employee consult with a tax professional to determine the specific tax impact arising from the change in nonimmigrant visa status.