H-1B Trump Changes 2026: When to Expect a Second Lottery This Year

Each year, USCIS conducts an H-1B lottery to select registrations for the annual statutory cap of 65,000 regular cap slots and 20,000 U.S. advanced degree exemption slots. When the number of registrations received exceeds the cap, USCIS uses a random selection process. However, if enough selected registrants fail to file petitions or petitions are denied, USCIS may need to conduct a second lottery to fill remaining slots. For fiscal year 2026, immigration practitioners are watching closely to see if USCIS will announce a second round of selections. USCIS typically makes this determination in the summer months after evaluating how many cap-subject petitions have been filed following the initial lottery. Historically, second lotteries have occurred in years where filing rates were lower than anticipated. For EB-3 employment-based immigration applicants, the H-1B situation is relevant because many skilled workers pursue both pathways simultaneously. Workers who are not selected in the H-1B lottery often pivot toward or continue pursuing EB-3 green card sponsorship as an alternative path to long-term U.S. work authorization. Immigration attorneys advise applicants not to wait for a second H-1B lottery confirmation before pursuing other visa options. Employers sponsoring foreign nationals should evaluate all available pathways, including EB-3 labor certification, to ensure business continuity regardless of H-1B lottery outcomes.