Key Takeaways
- The FY 2026 H-1B visa registration closed on March 24, 2025, with a cap of 85,000 visas, including 20,000 for advanced degrees.
- USCIS may conduct a second lottery if initial registrations don’t result in enough applications to meet the visa cap.
- Second lotteries have grown common due to over-registration, high demand, and incomplete filings, highlighting systemic inefficiencies in the H-1B process.
As the FY 2026 H-1B visa season advances, one key question looms large: Will there be a second lottery pick this year? The H-1B program is a vital avenue for foreign workers to secure employment in the United States, particularly in high-skill industries like technology, health care, and engineering. However, the growing demand for these visas and the recurring challenges in meeting the annual cap have led to increased speculation about the possibility of second lottery rounds. This article will take a closer look at the current situation, the history of the program, and why a second H-1B lottery for FY 2026 might be necessary.
Key Developments for FY 2026
The FY 2026 H-1B visa process began with the initial registration window closing on March 24, 2025. Companies seeking to sponsor skilled foreign workers submitted their registrations electronically during this period. The annual visa cap remains at 65,000 slots for the general category, with an additional 20,000 reserved for applicants holding advanced degrees from U.S. universities. The U.S. Citizenship and Immigration Services (USCIS) now faces the task of evaluating these submissions to determine whether the cap has been reached.
USCIS has indicated that a second lottery round will only happen if the initial number of registrations does not yield enough actual applications to meet the cap. This determination depends on how many employers proceed with filing full petitions for selected beneficiaries. For now, whether FY 2026 will require a second lottery remains uncertain, but recent history suggests the possibility cannot be ruled out.
Historical Context: Second Lotteries on the Rise
Recent years have seen second lottery rounds become more frequent in the H-1B visa process due to issues like over-registration and insufficient petition filings. Understanding these trends provides valuable context for FY 2026.
- FY 2025: A second lottery was held on August 5, 2024, when USCIS noted that the number of petitions from the first lottery failed to meet the allotted 65,000 visas. This second round ensured all available slots were utilized.
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FY 2024: Another second lottery occurred in August 2023 for the same reason—many selected employers did not file complete petitions after the initial draw.
These instances highlight a consistent pattern wherein the initial registration period fails to secure enough valid petitions to meet the H-1B cap. The second lotteries serve as a corrective measure, allowing USCIS to allocate the remaining visa slots. However, this situation underscores the challenges employers and workers face due to the unpredictability of the system.
Understanding the H-1B Program
The H-1B visa program, introduced under the Immigration Act of 1990, was designed to address workforce shortages in specialized fields by enabling highly skilled foreign workers to fill crucial roles. Employers use this visa to hire professionals in areas requiring advanced knowledge, like software development, engineering, finance, and medicine.
Under the program, 85,000 visas are made available each fiscal year, broken into two categories: the general cap of 65,000 and 20,000 visas specifically for candidates with advanced degrees. Due to the high demand for skilled professionals, applications for H-1B visas consistently exceed these numbers. USCIS employs a lottery system to select applicants randomly, aiming for fairness but also introducing an element of chance into the process.
While the H-1B lottery system ensures that the limited number of visas is distributed without favoritism, it also leaves many qualified applicants and their employers in limbo. The unpredictability of being selected—and whether a second lottery might follow—complicates both short-term hiring plans and long-term career goals.
Why a Second Lottery Matters
The prospect of a second lottery significantly impacts all parties involved—workers, employers, and the U.S. economy at large. Here’s how:
- For Foreign Workers:
A second lottery provides renewed hope for applicants who were not chosen in the first round. However, this extended waiting period can disrupt personal and professional timelines. Many workers put major decisions on hold—not knowing whether they must prepare to relocate, reapply, or explore alternative paths. -
For Employers:
U.S. businesses depend on the H-1B program to fill key roles that cannot be easily filled by the local labor force. The uncertainty surrounding lottery results, compounded by the possibility of a second draw, hampers workforce planning, project execution, and operational efficiency. Prolonged vacancies can also delay innovation and competitiveness for companies across industries. -
For U.S. Immigration Policy:
Frequent second lotteries point to deeper inefficiencies within the existing H-1B system. Critics argue that random selection does not necessarily align visa allocations with labor market needs, leaving some high-value industries under-resourced while other less critical areas receive more attention than required.
What Drives the Need for a Second Lottery?
Several factors contribute to the recurring occurrence of second lotteries:
- Over-Registration: Employers often submit a large number of registrations during the initial phase. Not all of these result in full petitions being filed, leading to discrepancies between selections and actual petitions.
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High Demand: In some years, the number of registrations has exceeded available visa slots by more than four times, reflecting the overwhelming demand for these limited visas.
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Gap in Employer Follow-Through: Some employers register beneficiaries but choose not to proceed with filing a full petition if their business priorities change or if they find alternative hiring solutions.
These factors create gaps that only second lotteries can address, ensuring that no H-1B visas go unused during the fiscal year.
Broader Implications and Future Reforms
The issues surrounding second lotteries highlight the need for systemic improvements in the H-1B program. Several suggestions have been floated in academic, business, and political circles to address these challenges:
- Merit-Based Selection: Policymakers have debated shifting from a random lottery to a merit-based system that prioritizes applicants in high-demand industries or with higher salary offers. This approach could better align visa allocations with economic needs.
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Cap Adjustments: Calls to increase the annual H-1B cap have been growing, as the current numbers fail to meet the modern labor market’s demands. Proponents argue that expanding the cap could help mitigate the yearly rush and reduce the likelihood of requiring second lotteries.
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Deterring Over-Registration: Introducing penalties or stringent requirements for employers that over-register beneficiaries without eventual petition filings could prevent unnecessary strain on the system.
Improvements like these could eliminate some of the unpredictability affecting both workers and employers while ensuring that the U.S. economy benefits from the talents of skilled foreign professionals.
Preparing for the FY 2026 Outcome
At this stage, it’s crucial for both workers and employers to prepare for any eventuality in the FY 2026 H-1B process. Staying informed about USCIS announcements is vital, as is ensuring that all required documentation and petitions are completed accurately and submitted promptly. Employers should consider contingency plans to address potential delays or gaps in hiring timelines caused by the lottery system’s unpredictability.
For those seeking more official guidance, USCIS provides detailed updates on its H-1B Cap Season Page, where you can stay updated on registration rules, deadlines, and announcements. Additionally, platforms like VisaVerge.com offer ongoing analysis and insights about immigration-related developments, helping both employers and workers navigate complex visa processes.
Conclusion
The question of whether FY 2026 will see a second H-1B lottery remains unanswered, yet the broader challenges of the program are clear. Second lotteries have become a necessary, albeit imperfect, solution to gaps in the visa allocation process. However, the repeated reliance on them speaks to the need for systemic changes in how H-1B visas are distributed, assessed, and capped. For now, all eyes remain on USCIS as employers and workers await updates on this year’s cap season, while conversations around reform and modernization continue to gain momentum. Whether through second lotteries or long-term improvements, the goal remains the same: to make the H-1B program an effective tool for fostering economic growth and meeting the critical labor needs of the United States.
Learn Today
H-1B visa → A U.S. visa allowing employers to hire foreign workers in specialized fields like technology, engineering, or healthcare.
USCIS → U.S. Citizenship and Immigration Services, the agency responsible for managing H-1B visa applications and immigration processes.
Annual cap → The maximum number of H-1B visas issued yearly, set at 85,000 (65,000 general and 20,000 advanced degree).
Second lottery → A subsequent random selection process conducted if initial H-1B applications fail to meet the visa cap.
Over-registration → A situation where employers submit excess visa registrations, leading to a mismatch between selected applicants and filed petitions.
This Article in a Nutshell
Will FY 2026 see a second H-1B lottery? With visa demand skyrocketing, USCIS faces challenges filling all 85,000 slots. Second lotteries are increasingly common, addressing gaps from unfiled petitions. These rounds offer new hope for applicants, highlighting the call for reforms like merit-based selection or cap adjustments to meet evolving workforce needs.
— By VisaVerge.com
Read more:
• USCIS Finishes Sending H-1B Lottery Results for 2026 First Round
• FY 2026 H-1B Lottery Results Announced: See if You Were Selected
• How Some Firms Exploit the H-1B Lottery System for More Visas
• H-1B Visa Rules Tighten as Lottery Applications Begin
• H-1B Cap Lottery Opens Friday: What Employers Should Know
