By Wen Luo, Attorney at Law · Reviewed November 2, 2026
Before you can file a cap-subject H-1B petition for a new worker, you must register that worker online with USCIS. If more workers are registered than the annual cap allows, USCIS runs a selection, the “H-1B lottery.” Only selected registrations can go on to file a petition.
At a glance
- Weighted by wage level: a worker offered a higher wage level gets more entries in the lottery.
- One entry per worker: registering the same person more than once does not help.
- FY 2028 dates: not announced yet. For FY 2027, registration ran March 4–19, 2026.
- Fee: $215 per registration for FY 2027 (FY 2028 amount not announced).
- If selected: you have at least 90 days to file the H-1B petition.
I prepare H-1B lottery registrations and the petitions that follow for employers nationwide, from startups registering their first worker to companies registering several. I personally review every case.
A call about my services and fees is free. A legal consultation on your specific case is a paid service.
How the H-1B Lottery Works in 3 Steps
Step 1
Register
During the registration period (at least 14 days; for FY 2027 it was in March), the employer registers each worker and pays the fee.
Step 2
Selection
After registration closes, USCIS runs the weighted selection. Registering on the first day gives no advantage.
Step 3
File the petition
Selected employers get a notice and have at least 90 days to file the H-1B petition.
Weighted Selection: Why the Wage Level Matters
Each worker is entered into the lottery based on the wage level on the registration:
| Wage level on the registration | Entries in the lottery |
|---|---|
| Level IV | 4 |
| Level III | 3 |
| Level II | 2 |
| Level I | 1 |
The wage level is the highest OEWS (Department of Labor wage survey) level that your offered wage meets for the job and work location. If several employers register the same worker, USCIS uses the lowest level among them.
Watch out for these three rules
- More than one work location? Use the lowest wage level your offer meets across those locations.
- Wage offered as a range? The level is based on the bottom of the range.
- Wage below Level I (based on another legitimate wage source)? You must select Level I.
My view: choosing the wage level is now the most important decision in the registration. It must match the job and the wage you will actually pay. If a later petition lowers the wage below the level on the registration, USCIS may deny it.
Your Pre-Registration Checklist
- USCIS organizational account for the company, set up before registration opens.
- Job details: occupation (SOC) code, work location(s) and the wage you will offer.
- Worker’s valid passport. One passport per worker. Entries such as “NA” or “00000” make the registration invalid.
- Registration fee (non-refundable, paid when you submit).
- A real job offer. You sign an attestation; USCIS may deny petitions and refer false attestations to law enforcement.
Hiring an F-1 Student on OPT?
If you file the H-1B petition on time and request a change of status, the student’s F-1 status and OPT work permission are extended automatically, up to April 1 of the fiscal year requested or the petition’s start date if earlier. This “cap-gap” protection ends if the petition is rejected, denied, revoked or withdrawn. DHS has also proposed a fee that schools would pay before recommending OPT; see what the proposed $70,000 OPT fee means for employers.
Proposed Fee to Watch
On August 25, 2026, DHS proposed a $103,265 fee for every H-1B cap-subject petition, including master’s cap petitions, on top of all other fees. It is a proposal, not a final rule. Read what it would mean for employers: the proposed $103,265 H-1B fee. I will update this page if it is finalized before the FY 2028 season.
How I Handle Your Registration
- Legal consultation (paid): I review the position, the worker’s degree and the offered wage, and tell you whether the role fits H-1B.
- Wage level: I confirm the SOC code, work location and the correct wage level.
- Registration: we prepare every entry, including passport details, and email it to you to confirm before submission.
- If selected: I prepare the H-1B petition within the filing period. See my H-1B services.
Frequently Asked Questions
When is the FY 2028 H-1B lottery?
USCIS has not announced the dates yet. Registration lasts at least 14 calendar days; for FY 2027 it ran March 4–19, 2026. I will update this page when the FY 2028 dates are announced.
Does registering more than once improve the odds?
No. Each worker counts once. If several employers register the same worker, USCIS uses the lowest wage level among those registrations.
Can I register myself?
No. The employer that will file the petition registers on the worker’s behalf. If you are looking for a sponsor, your future employer needs to register you.
What if my registration is not selected?
Unselected registrations stay on reserve for that fiscal year. If USCIS needs more petitions to reach the cap, it selects more workers from the reserve, so keep your account details current. Otherwise, you cannot file a cap-subject petition for that worker that year.
Planning H-1B registrations for FY 2028?
Start with the wage level and the job details now, so registration week is routine. For the bigger picture, read A Practical Guide to the H-1B Visa.
A call about my services and fees is free. A legal consultation on your specific case is a paid service.
Sources (checked November 2, 2026): USCIS, H-1B Electronic Registration Process (updated Sept. 21, 2026); 8 CFR 214.2(h)(8)(iii), (h)(10)(iii) and (f)(5)(vii) (eCFR, current as of Oct. 29, 2026); Federal Register proposed rule 2026-17324 (Aug. 25, 2026). This page is general information, not legal advice for your situation.