Visa Question of the Month – H-1B Lottery

Selection in the H-1B lottery is an important first step, but does not mean final visa approval for your employee. The background to this is that the H-1B Visa - In contrast to other US work visas like the E- or L visa - is limited in number and subject to an annual quota ("cap"). This quota applies for a specific US tax year (currently: FY 2027 from October 1, 2026 to September 30, 2027). As demand regularly exceeds the available quota (currently 85,000 H-1B visas per year), the US Citizenship and Immigration Services (USCIS) conducts a selection process (= lottery) every year.

This selection process takes place annually in March. In this step, potential US employers register their candidates in advance in an online portal for the respective tax year or H-1B cap. A random selection process is then used to decide who may file an H-1B application from all registered candidates.

If your candidate is in the H-1B Lottery has been selected, this means that your US company is now eligible to file the actual H-1B petition (Form I-129). There is a fixed 90-day filing window for this, which begins on April 1. Only after submission and review of this complete application will USCIS decide whether H-1B work authorization will actually be granted. Selection in the H-1B lottery is therefore a necessary prerequisite, but not yet a guarantee.

Incidentally, there was an important innovation this year: for the first time, the selection process was more closely aligned with the US salary offered ("wage-based"). Put simply, this means that positions with a higher salary had a better chance in the selection process than lower-paid positions.

As far as demand is concerned, the detailed statistics for this year are not yet available. What is certain, however, is that the quota has been fully utilized. This was not necessarily to be expected in advance, as a very high additional fee of up to USD 100,000 was introduced in parallel for certain H-1B applications. The fact that the quota was nevertheless fully utilized shows that this additional cost burden has apparently not significantly reduced demand.

As far as the possible start date is concerned, this is set by law: Even with fast processing, the earliest the employee can start is the beginning of the new tax year, i.e. October 1, 2026.

If the employee is currently outside the USA, the consular procedure (= visa application in the passport) will follow after approval by the USCIS. In India, which is particularly relevant for your case, the appointment situation at the US consulates is still tense. There are often longer waiting times for visa appointments, which could further delay the actual entry date.

Since the quota for this year has already been exhausted, new H-1B applications in the regular procedure can only be filed again for the 2028 tax year (FY 2028): Starting March 2028.

Summarized for you: The selection in the H-1B lottery forms the fundamental basis for the further procedure. Now the US company must file the H-1B petition with the USCIS within the deadline. After approval, the consular process in India follows. If everything goes according to plan, it is realistic to expect work to start on October 1, 2026, but possible delays due to the scheduling situation in India should be taken into account.