Does the H-1B depend on a lottery every year?

In most cases, yes. The H-1B typically goes through an annual lottery because demand for the visa usually exceeds the number of spots available in a given year. When that happens, a selection process determines which petitions move forward.

This random selection is conducted by USCIS. Being selected does not guarantee approval: it only allows the petition to be filed and reviewed. In other words, the lottery is an initial screening step, not the final decision on the visa.

It is worth knowing that not every H-1B request enters the lottery. Certain categories are typically exempt from the annual cap, such as petitions tied to institutions of higher education and certain nonprofit or research organizations, which can proceed outside of this selection process.

• The lottery exists because demand exceeds the yearly available spots.
• Being selected allows review of the petition, but does not guarantee approval.
• Certain entities (higher education, some nonprofits) are typically exempt.

Since the rules and exempt categories can change, it is advisable to verify current conditions with USCIS and assess your situation with a qualified specialist.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.