Navigating the H-1B visa process can be both exciting and challenging for foreign professionals seeking to work in the United States. The H-1B visa allows highly skilled individuals to live in the U.S. while they pursue specialty occupations. One of the most important, and often confusing, parts of the process is the H-1B lottery, which determines which petitions will be processed. Understanding how the lottery works, who qualifies, the caps and limits, and recent changes that now allow startup founders to self-sponsor can give applicants a clearer path to obtaining this highly sought-after visa. Additionally, always seek help from an experienced immigration attorney if you are considering coming to the United States through the H-1B lottery.
Who is Eligible for an H-1B Visa?
To qualify for an H-1B visa, an applicant must be offered employment in a specialty occupation requiring a bachelor’s degree or higher. The role must demand highly specialized knowledge, and the applicant’s education or equivalent experience must match the job requirements. Foreign professionals in technology, science, finance, engineering, and education are the most common beneficiaries.
Historically, H-1B petitions had to be filed by a U.S.-based employer and startups and business founders often faced challenges sponsoring themselves. However, a law effective January 2025 now allows startup founders to self-sponsor. if they can establish a valid employer-employee relationship with their company. A self-sponsored H-1B visa application must demonstrate that the applicant’s company has an independent board or governing body with authority to oversee the founder’s role, responsibilities, and employment.
H-1B visas are initially valid for three years before they expire, however they can be extended after meeting requirements.
The H1-B Lottery Process in 2026
The H-1B visa program is capped annually: 65,000 visas for the general category and an additional 20,000 for applicants with a U.S. master’s degree or higher. Because demand typically exceeds supply, USCIS uses a randomized lottery to select which petitions will be processed.
The H-1B application process typically goes as follows:
- Electronic Registration: Employers submit an online registration for the applicant during the registration period. Each applicant must be registered by their sponsoring employer.
- Lottery Selection: USCIS randomly selects registrations for processing. There are two lotteries: one for the general 65,000 cap and another for the 20,000 master’s cap.
- Petition Filing: Selected candidates are then invited to submit a full H-1B petition with all supporting documents.
- Adjudication: USCIS reviews the petition to ensure the applicant meets eligibility requirements, including education, job specialty, and compliance with labor laws.
While the lottery determines which petitions are eligible for processing, selection does not guarantee visa approval. The H-1B lottery only determines which petitions are eligible for processing, not who qualifies for the visa. After the lottery, petitions must still meet all eligibility requirements as USCIS reviews education, job requirements, wage compliance, and other conditions before granting the visa. As such, always work with an immigration lawyer to make sure your application is done properly. Bottom of Form
Secure Your H-1B Visa with Professional Guidance
The H-1B visa offers a pathway for highly skilled foreign professionals to work in the U.S., and recent changes have created more opportunities for entrepreneurs and startup founders. While the 2026 lottery remains a key step in the process, preparation, accurate documentation, and legal guidance are essential.
If you are a skilled professional or a startup founder that desires to work in America, the H-1B visa could be your best option. However, the H-1b application process is not easy and consulting a trusted immigration attorney can make all the difference. At Aspire Immigration, we can help you throughout every stage of the H-1B process, from evaluating eligibility and preparing self-sponsorship documentation to navigating the lottery and ensuring compliance with USCIS requirements. We have helped many clients successfully obtain H-1B visas, enabling them to build productive careers and a fulfilling life working in the United States. Contact our immigration law firm today to maximize your chances of approval and start your U.S. professional journey with confidence.
