The H-1B Visa: Cap, Registration and Who Actually Qualifies
65,000 under the regular cap, plus 20,000 reserved for US master's holders — and selection is no longer a flat random draw. Here is what USCIS states, and what it deliberately does not.

The H-1B is the visa most Indian professionals in the United States are either on, waiting for, or planning around. It is also governed by a lottery, which makes the parts you can control worth understanding precisely.
What an H-1B actually is
The H-1B lets a US employer temporarily employ a foreign worker in a specialty occupation — work requiring the theoretical and practical application of a body of highly specialised knowledge, and a bachelor's degree or higher in a directly related specific speciality as a minimum for entry into that occupation.
Two things follow from that definition, and both are routinely missed:
- The employer petitions, not you. There is no way to self-file an H-1B. Without an employer willing to sponsor, the category is simply unavailable.
- The degree must be directly related. A degree is not enough on its own; it has to be the normal minimum entry requirement for that specific occupation.
The numbers that decide everything
| Item | Figure |
|---|---|
| Annual regular cap | 65,000 |
| Additional US master's exemption | 20,000 |
| Registration fee, per registration | $215 (FY 2027 cap) |
The 20,000 are additional petitions for people who have earned a master's degree or higher from a US institution of higher education. A master's earned in India does not qualify for this exemption — the degree has to be from a US institution.
Cap-exempt employers
Not every H-1B goes through the lottery. USCIS lists as exempt from the numerical cap:
- US institutions of higher education
- H-1B workers in Guam and the CNMI, for petitions filed before 31 December 2029
A cap-exempt employer can petition at any time of year, with no lottery. For anyone whose profile fits a university role, this route is worth taking seriously rather than treating the March lottery as the only door.
How the process runs
- Registration. An employer subject to the cap must first complete an electronic registration for each prospective beneficiary, paying $215 per registration.
- Selection. If USCIS receives more registrations than needed, it runs a selection. Where selection is required, USCIS conducts a weighted selection among registrations for unique beneficiaries, based generally on the highest OEWS wage level that the proffered wage equals or exceeds for the relevant SOC code in the area of intended employment.
- Petition. From 1 April, USCIS begins accepting online filing of H-1B cap petitions for selected registrations.
What the registration needs from you
The employer supplies your given, middle and family name, sex, date of birth, country of birth, country of citizenship, and passport or travel document number, country and expiry — plus whether you have earned or will earn a master's or higher from a US institution.
The passport detail is strict and catches people out. It must be the same document you used to enter the United States; if you are outside the US, it must be the one you intend to enter on. Its validity period must be current and unexpired.
What this guide does not cover
We have not published H-1B duration limits, extension rules, prevailing wage determinations or the Labor Condition Application process here, because they are not stated on the USCIS cap page cited below. They are real and they matter — confirm them on USCIS and the Department of Labor rather than from a figure repeated on a blog.
If you are currently an F-1 student, the mechanism that bridges your OPT to an H-1B start date is cap-gap, and it has its own rules and its own deadlines.
Questions
How many H-1B visas are available each year?
Does a master's degree from India count for the 20,000 exemption?
How much does H-1B registration cost?
Can I file an H-1B petition myself?
Which employers are exempt from the H-1B cap?
Is the H-1B lottery purely random?
When are H-1B cap petitions filed?
What is a specialty occupation?
Sources: USCIS — H-1B Cap Season · USCIS — H-1B Electronic Registration Process