Why USCIS Conducts a Second H-1B Lottery & 2026 Outlook
If you’re wondering, “Will there be a second H-1B lottery?”, you’re not alone. Each year, far more employers register for H-1B visas than there are visas available. Because Congress caps new H-1B visas at 85,000 per fiscal year, U.S. Citizenship and Immigration Services (USCIS) runs a lottery to decide which employers can file full petitions.
Occasionally, USCIS runs a second lottery. Here’s why that happens, and why it doesn’t always.
How the H-1B Lottery Works (2026 Update)
During the registration window every year (March 4-19, 2026), employers submit electronic registrations for employees they want to sponsor.
- The annual cap is 85,000 total visas
- 65,000 under the regular cap
- 20,000 reserved for individuals with a U.S. master’s degree or higher
- Starting this year, USCIS conducts a wage-weighted selection process from all eligible registrations.
- If selected, the employer has a filing window (typically 90 days starting April 1) to submit a full H-1B petition.
Under the current beneficiary-centric selection system, each individual is entered into the lottery only once, even if multiple employers submit registrations for them. This rule was added to prevent duplicate entries from unfairly increasing someone’s odds.
What Is a “Second Lottery”?
A second lottery is not automatic. It only happens if USCIS determines that it has not received enough properly filed H-1B petitions to meet the annual cap.
Why Would USCIS Need a Second Lottery?
When USCIS conducts the first lottery, it selects more registrations than 85,000. This is intentional. The agency anticipates that:
- Some employers will decide not to file
- Some candidates will decline the offer
- Some petitions will be denied or withdrawn
- Some filings will be rejected for technical reasons
If too many selected employers fail to submit complete, approvable petitions, the total number of approved cases may fall short of 85,000. In that case, USCIS may return to the original registration pool and conduct a second H-1B lottery.
Will There Be a Second H-1B Lottery in 2026?
For FY 2026 (March 2025 registration period), USCIS confirmed that no second H-1B lottery was conducted because sufficient petitions were filed to meet the cap.
Whether there will be a second H-1B lottery FY 2027 depends entirely on post-selection filing and approval data.
When Does the H-1B Second Lottery Happen?
If conducted, a second H-1B lottery typically occurs between July and August, after:
- The initial filing window closes
- USCIS reviews petition volumes
- The agency determines whether additional selections are needed
There is no preset date. The timing depends on cap usage data.
Recent H-1B Selection Trends
Fiscal Year | Initial Selections | Second Lottery? | Outcome |
|---|---|---|---|
FY 2025 | 114,017 | Yes | Held in July 2024 to meet the cap. |
FY 2026 | 120,141 | No | Cap met in round one; no further draw. |
FY 2027 | Current | Unlikely but TBD | Better modeling & wage-weighting expected. |
FY 2025: An Example of a Second Lottery
For Fiscal Year 2025, USCIS conducted a second lottery in July 2024.
In the first round, USCIS selected over 114,000 registrations. However, fewer petitions were ultimately filed or approved than projected. To ensure the full 85,000 visas were used, USCIS selected additional registrations from the original March pool.
Importantly:
- Employers did not need to re-register.
- Only individuals already in the original March pool were eligible.
- The second selection applied only to unselected registrations.
For many employers, this provided an unexpected second chance.
FY 2026: Why There Was No Second Lottery
For Fiscal Year 2026 (March 2025 registration period), USCIS selected approximately 118,660 registrations in the first round.
Employer follow-through rates were strong enough to meet the annual cap. As a result, USCIS confirmed no H-1B second lottery was necessary.
H-1B Second Lottery FY 2027: Predictions & Outlook
Looking ahead to FY 2027 (March 2026 registration period), several factors will determine whether a second round occurs.
1. Improved USCIS Modeling
USCIS has refined its forecasting methods. Higher initial selection numbers in recent years suggest the agency is reducing the likelihood of needing corrective rounds.
2. Wage-Weighted Selection Impact
The wage-weighted system may reduce employer drop-off, as higher wage registrations are often tied to committed roles and budgets.
3. Economic Conditions
Economic slowdowns, hiring freezes, or layoffs could reduce petition filings. This would increase the chance of a second H-1B lottery.
4. Approval & Compliance Trends
If denial rates rise due to compliance scrutiny or wage-level concerns, USCIS may need supplemental selections.
Overall outlook:
A second H-1B lottery in 2026 is possible but currently appears less likely than in 2024 (FY 2025).
What Employers Should Take Away
Employers should operate under the assumption that there will NOT be a second lottery.
Best practices:
- Register early.
- Prepare full petitions in advance.
- Secure internal approvals before lottery results.
- Maintain alternative visa strategies.
A second lottery should be viewed as a bonus opportunity — not part of your workforce strategy.
Final Takeaway
Whether there will be a second H-1B lottery FY 2027 remains uncertain. While FY 2025 included a second round, FY 2026 did not.
A USCIS second H-1B lottery is a contingency too, not a guarantee.
The safest strategy is clear:
Plan early. File strategically. Assume one opportunity.
Need Strategic H-1B Support?
Ellis provides free H-1B registrations, strategic petition planning, and seamless case management through our integrated legal platform.
From lottery modeling to global mobility strategy, we streamline your hiring so you can focus on growing your team. Get in touch to register for H-1B season at no cost.


