H-1B Visa: Lottery, Fees and What Comes Next

The H-1B is the main US visa for professionals in specialty occupations. Two major changes reshaped it for 2026.

The basics

• For jobs requiring at least a bachelor's degree in a specific field (USCIS).
• The employer must pay at least the prevailing wage.
• Usually granted for up to 3 years, extendable to 6, with further extensions possible for people in the green card process.
• An annual cap of 65,000 visas plus 20,000 for holders of US master's or higher degrees applies to most new employers (8 U.S.C. 1184(g)). Universities and certain nonprofit research organizations are cap-exempt.

Change 1: wage-weighted selection

For the FY 2027 cap season, a DHS final rule replaced the purely random lottery. Each registration is entered according to the wage level of the offered job: Level IV gets four entries, Level III three, Level II two and Level I one, and selection is random among the weighted entries. The registration fee is $215 (Vorys).

Change 2: the $100,000 payment

A September 2025 presidential proclamation requires a $100,000 payment for certain new H-1B petitions. It applies to petitions for workers outside the US requesting consular notification, not to change-of-status petitions for people already in the US, and it is being litigated (Vorys). Employers should confirm the current status before filing.

After selection

1. The employer gets a certified Labor Condition Application from the Department of Labor.
2. The employer files Form I-129 during the filing window, with premium processing available for an extra fee.
3. USCIS approves, requests more evidence, or denies.
4. If you are abroad, you get the visa stamp at a consulate; if you are in the US in another status (often F-1 with OPT), the status changes on October 1.

Students on OPT whose H-1B petitions are pending may be covered by the cap-gap extension.

After approval

• Keep pay stubs and confirm your duties match the petition.
• Changing employers requires a new petition, though you can usually start once it is filed.
• If you lose your job, there is a grace period of up to 60 days or until the end of your authorized stay, whichever is shorter, to find a new sponsor, change status or leave.

If not selected

Other options include cap-exempt employers, O-1, L-1, TN for Canadians and Mexicans, or continuing studies. See how to get a US work visa.

An immigration lawyer can advise employers and workers on the current fee rules and litigation.

Sources

1. USCIS: H-1B specialty occupations
2. Vorys: FY 2027 H-1B lottery updates, weighted selection and $100,000 fee
3. Penn Wharton Budget Model: Effects of the new $100,000 fee and wage-weighted lottery
4. Cornell Law School LII: 8 U.S.C. 1184(g), Temporary workers numerical limits