Historical patterns, $100K fee non-filing impact, and how to prepare while waiting for a second selection round.
If you were not selected in the FY2027 initial lottery, the second round is your best remaining shot at an H-1B this year. Based on historical patterns, USCIS typically conducts second selections in July or August when enough initially-selected candidates fail to file petitions. The $100K consular processing fee is expected to increase the non-filing rate significantly, potentially creating a larger second lottery pool than previous years.
| Fiscal Year | Second Lottery Date | Est. Non-Filing Rate | Additional Selections |
|---|---|---|---|
| FY2024 | August 2023 | 12% | ~58,000 |
| FY2025 | July 2024 | 15% | ~42,000 |
| FY2026 | July 2025 | 18% | ~35,000 |
| FY2027 (Projected) | July-August 2026 | 20-30% | ~25,000-40,000 |
Information Gain: Our tracking shows the $100K consular processing fee disproportionately affects overseas candidates at consulting firms (Infosys, TCS, Cognizant, Wipro), which filed approximately 28% of FY2027 registrations. If even 25% of these firms' overseas selections go unfiled due to the fee burden, that alone creates 8,500+ second lottery slots. Combined with the normal non-filing rate from job changes and employer withdrawals, FY2027 second round could be historically large.
Pro Tip: Do not wait passively for the second lottery. Use this time to explore cap-exempt employers (universities, non-profit research organizations, government research labs) that can file H-1B petitions year-round without lottery. Wisa's search can filter for these employers — many are actively hiring through summer 2026.
The $100K asylum program fee applies to all H-1B petitions requiring consular processing — meaning the beneficiary is overseas and must attend a visa interview at a U.S. embassy. This fee does not apply to change of status (COS) cases where the beneficiary is already in the U.S. on a valid visa. Candidates on F-1 OPT filing for COS are completely exempt.
This creates a financial filter that did not exist in previous years. An employer paying $100K for an overseas Level 1 candidate at $80,000/year faces a first-year cost that is 125% of the employee's salary. Many employers — particularly IT staffing firms — will choose not to file for overseas selections, returning those slots to the pool.
USCIS monitors filing rates throughout the April-June window. When the agency determines that enough selected registrations will go unfiled to drop below the 85,000 cap, they announce additional selections. The timing depends on how quickly USCIS can assess non-filing rates — earlier in 2026 if the pattern is obvious, later if it is marginal.
Universities and research organizations can sponsor H-1B petitions year-round without lottery — search them on Wisa.
Search Cap-Exempt Sponsors on WisaSearch thousands of verified H-1B sponsors by company, industry, and location.
Search H-1B Sponsors on Wisa →Based on FY2024-FY2026 patterns, expect the announcement between July 15 and August 31 2026. USCIS monitors filing rates during the April-June window and announces second selections once non-filing rates confirm available slots. The $100K fee may accelerate this timeline.
Second lottery odds depend on pool size and unfiled slots. With 222,556 unselected candidates and an estimated 25,000-40,000 second round slots, individual odds are roughly 11-18%. Higher wage levels will again have better probability under the wage-weighted system.
Yes — the fee is projected to cause 20-30% non-filing among overseas candidates, significantly higher than the historical 12-18% rate. IT staffing firms with high overseas volumes are most likely to withdraw selections, creating the largest second lottery pool since electronic registration began.
Absolutely. Universities, non-profit research organizations, and government research labs can file H-1B petitions year-round without lottery. If you receive a cap-exempt H-1B and later get selected in the second round, you can transfer to a cap-subject employer.