H-1B Lottery Explained for F-1 Students (2026 Rules)

The H-1B lottery is the yearly USCIS draw that decides which employers can file a cap-subject H-1B petition. For an F-1 student, it works like this: your employer registers you online for $215, and since the FY 2027 season the draw has been weighted by the wage level of your job offer. If you are selected and your employer files on time for a change of status, the cap-gap rule can keep your F-1 status and OPT work permission going until 1 April of the H-1B fiscal year.

Last checked: 20 October 2026. Rupee figures use the NRB selling rate, 17 Oct 2026 (USD 1 = Rs 152.24).

H-1B lottery key facts for F-1 students

ItemWhat the official sources say
Who registers youYour employer (or its lawyer), through a USCIS online account. You cannot enter the lottery yourself.
Registration fee$215 per registration under 8 CFR 106.2(c)(11), about Rs 32,732
Annual numbers85,000 new cap-subject H-1Bs a year: 65,000 regular plus 20,000 for people with a US master’s or higher degree
How people are countedBeneficiary-centric: one entry per unique person, however many employers register them
WeightingBy wage level of the offer: level IV = 4 entries, III = 3, II = 2, I = 1
Weighted rule in forceFrom 27 February 2026, first used for the FY 2027 registration season
Earliest H-1B start date1 October (start of the US government fiscal year)
Cap-gap for F-1F-1 status and OPT can continue to 1 April of the H-1B fiscal year, if the petition asks for a change of status
$100,000 proclamationExtended on 18 September 2026 for another 12 months. See the section below.
Sources: eCFR 8 CFR 106.2; Federal Register, 29 Dec 2025 (weighted selection final rule); Study in the States (DHS); White House proclamation, 18 Sep 2026.

How the H-1B lottery works, step by step

Most private-company H-1B jobs are “cap-subject”. Congress limits them each year, and far more people are registered than there are numbers, so USCIS runs a random selection. The registration step comes first. The full petition (Form I-129) is filed only if you are selected.

  1. You get a job offer from an employer willing to sponsor you, usually while you are on OPT or STEM OPT.
  2. The employer registers you in the USCIS online system during the registration window, which USCIS normally runs in March. Each registration costs $215.
  3. USCIS runs the selection. Under the weighted rule, each registration goes into the pool one to four times, based on the wage level of the offered salary.
  4. USCIS notifies selected registrants. Your employer sees the result in its account. You will normally hear from the employer or its lawyer.
  5. The employer files Form I-129 within the filing window. The earliest filing date is 1 April, and USCIS describes a 90-day filing window for selected registrations.
  6. Change of status or consular processing. If you are in the US on F-1, the petition usually asks USCIS to change your status to H-1B from 1 October. This is what keeps you eligible for cap-gap.
  7. Approval and start. If approved, your H-1B status starts on the date on the approval, not earlier than 1 October.

USCIS announces the exact dates for each season on its H-1B electronic registration page. Check it each January and February, because dates change every year.

Wage-weighted selection: what changed

Until the FY 2026 season, every unique person had the same single chance. DHS changed this with a final rule published in the Federal Register on 29 December 2025. It took effect on 27 February 2026, in time for the FY 2027 registration season.

Under the rule, USCIS looks at the salary on the registration and finds the highest OEWS (Department of Labor) wage level that salary equals or exceeds, for your job code and work location. That level decides how many times your registration goes into the pool:

Wage level of offerEntries in the poolWho this usually is
Level IV4Senior or highly paid roles
Level III3Experienced roles
Level II2Some fresh master’s graduates in higher-paying fields
Level I1Many entry-level jobs for new graduates
Source: Weighted Selection Process final rule, Federal Register, 29 December 2025.

The draw is still random. A level I registration can still be picked, and a level IV one can still miss. In the rule, DHS estimated that a level IV registration would have a selection chance of over 61% and level III over 45%, against just under 30% under the old system. These are DHS projections, not results. Each person is still counted once toward the numbers, however many entries they hold.

What this means for you: many fresh graduates get level I offers. The same job in a higher-wage area, or a role with a higher salary, can move you up a level. Do not ask an employer to show a salary it will not actually pay. The wage on the registration has to match the real job.

Cap-gap extension: how F-1 students stay in status

There is often a gap between the end of your OPT and 1 October, when H-1B status can start. The cap-gap rule fills it. According to DHS’s Study in the States, an H-1B rule implemented on 17 January 2025 moved the cap-gap end date from 1 October to 1 April of the fiscal year for which H-1B is requested. It applies starting with the FY 2026 season.

To qualify, DHS says you must:

  • be in a valid period of F-1 status, and in valid post-completion OPT or STEM OPT if you want to keep working;
  • not have violated your status;
  • be the beneficiary of a timely filed cap-subject H-1B petition that asks for a change of status, not consular processing;
  • have a requested start date in the fiscal year for which H-1B is sought.

If the petition is denied, withdrawn, rejected or revoked, the extension ends straight away and you can no longer work on F-1. DHS says you then have a 60-day grace period to prepare to leave. Petitions from cap-exempt employers, such as universities, do not give cap-gap. Your DSO updates your SEVIS record and I-20. Our full guide is here: cap-gap extension for F-1 OPT students.

The $100,000 proclamation: change of status vs consular processing

A presidential proclamation of 19 September 2025 restricted entry of certain H-1B workers unless the petition comes with a $100,000 payment (about Rs 1.52 crore). On 18 September 2026 the White House extended it for another 12 months, into September 2027.

What the 2026 text says, in plain words:

  • It restricts entry of H-1B workers unless the payment is made, with national-interest exceptions decided by DHS.
  • It tells DHS to restrict decisions on petitions without the payment for H-1B workers currently outside the United States.
  • It covers people who enter or try to enter after the effective date, including through consular notification.
  • The text itself does not mention change of status.

So the difference between a change of status petition (you are inside the US on F-1 and switch to H-1B) and consular processing (you get the H-1B visa at an embassy and enter) matters a lot. How USCIS applies the payment to F-1 change-of-status cases, and what courts have said about it, has moved quickly. We could not confirm the latest court position from an official source today. We keep this tracked in one place: the $100,000 H-1B fee and F-1 OPT students. Read it, and ask your employer’s lawyer, before you travel outside the US during the H-1B process.

What this means for Nepali students planning a US degree

  • The H-1B is not guaranteed. Plan your US degree so that it makes sense even if you are never selected. Do not borrow on the promise of “sure H-1B”.
  • A US master’s gives a second chance. Holders of a US master’s or higher degree can be counted in the 20,000 advanced-degree allocation as well as the regular cap.
  • STEM OPT gives more seasons. 12 months of OPT plus a 24-month STEM extension can cover more than one registration season. See our STEM OPT extension guide.
  • Protect your status. Cap-gap only works if your F-1 record is clean. Follow the rules to maintain F-1 status, and understand CPT vs OPT before you take any job.
  • Costs. The registration fee is $215 (about Rs 32,732). Ask your employer in writing who pays each H-1B cost, including any $100,000 payment that might apply to your case.

Common mistakes

  • Paying an agent to “enter you in the lottery”. Only a US employer can register you, through USCIS.
  • Letting OPT run out before the petition is filed. Cap-gap needs a timely filed petition while you are still in status or grace period.
  • Travelling abroad without advice. Leaving the US during cap-gap or with a pending change of status can change how your case is handled.
  • Assuming one employer is enough. Under the beneficiary-centric system, several real offers do not give you extra entries, but they also do not hurt you.
  • Ignoring the wage level. Under weighting, the salary and work location affect your odds.

What to do next

  1. In your final year, talk to your DSO about OPT timing and cap-gap.
  2. By January, ask your employer whether it will register you and at what wage level.
  3. Keep your passport, I-20s, EAD and pay records in order.
  4. After selection, make sure the petition requests change of status if you want cap-gap.
  5. Check our $100,000 fee tracker before any travel.

Frequently asked questions

Can an F-1 student apply for the H-1B lottery themselves?
No. Only the employer (the registrant) or its representative can register you through a USCIS online account.

How much is the H-1B registration fee in 2026?
$215 per registration under 8 CFR 106.2, about Rs 32,732 at the NRB selling rate of 17 October 2026.

Is the H-1B lottery still random?
Yes, but since the FY 2027 season it is weighted. A higher wage level gives more entries (up to four), so a better chance, but no guarantee.

How long does cap-gap extend F-1 OPT?
Up to 1 April of the H-1B fiscal year, if your employer filed a timely cap-subject petition requesting change of status and you are otherwise eligible.

Do F-1 students have to pay the $100,000 H-1B fee?
The proclamation targets entry and workers outside the US; its text does not mention change of status. How it is applied to F-1 cases has been changing, so read our tracker page and get advice before acting.

Sources

Last checked 20 October 2026. This is general information, not legal advice. H-1B rules change; confirm with USCIS and an immigration attorney.

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