H-1B Visa Guide 2026: The Wage-Weighted Lottery, Real Fees and the $100,000 Payment
How the new wage-weighted H-1B lottery works, what employers pay in fees, where the $100,000 payment stands in court, and who still has a realistic shot.
For the fiscal year 2027 H-1B season, USCIS received about 211,600 eligible registrations. A year earlier it had 343,981. That 38.5% drop came after two shocks: a $100,000 payment on many new H-1B petitions, and a new selection system that gives higher-paid workers more chances in the lottery.
H-1B is still the main US work visa for graduates in specialty jobs such as software, engineering, finance, healthcare and research. But the rules that decide who gets one have changed more in the past 12 months than in the previous decade, and some of those changes are being fought in court.
This guide explains how selection works now, what it actually costs, where the $100,000 payment stands as of October 2026, and which applicants still have a realistic chance.
In this guide
- H-1B at a Glance
- Who Qualifies for H-1B
- How the New Wage-Weighted Selection Works
- The $100,000 Payment: Where It Stands
- H-1B Fees in 2026
- Wages: The Next Change to Watch
- The H-1B Timeline
- After Approval: Interview, Arrival and Extensions
- Who Can Skip the Lottery
- Documents Checklist
- Alternatives If You Are Not Selected
- Common Mistakes
- Frequently Asked Questions
- Before You Apply
H-1B at a Glance
| Item | Details |
|---|---|
| Who it's for | Workers with at least a bachelor's degree (or equivalent) in a job that requires that degree |
| Annual cap | 65,000 regular plus 20,000 for US master's degree holders |
| Selection | Wage-weighted lottery from FY2027: one to four entries based on offered wage level |
| Registration fee | $215 per beneficiary |
| Employer petition fees | About $2,000 to $7,000+ depending on company size, before legal fees |
| $100,000 payment | Vacated by a federal court in June 2026; not being collected while appeals continue |
| Duration | Up to 3 years, extendable to 6; longer with a pending green card |
| Path to green card | Yes, through employer sponsorship (EB-2 or EB-3) |
| Official source | USCIS H-1B page |
Who Qualifies for H-1B
The job must be a "specialty occupation," meaning it normally requires a bachelor's degree or higher in a specific field. You must hold that degree, a foreign equivalent, or a combination of education and experience that a credentials evaluator treats as equivalent (often three years of experience for each missing year of university).
The employer must pay at least the prevailing wage for the job and location, file a Labor Condition Application with the Department of Labor, and then petition USCIS.
How the New Wage-Weighted Selection Works
Until 2026, every registration had the same odds. From the FY2027 season, a DHS final rule effective February 27, 2026 changed that. Each person is entered into the selection pool based on the wage level the employer will pay, measured against Labor Department wage data for that job and area.
| Offered wage level | What it roughly means | Entries in the pool |
|---|---|---|
| Level IV | Fully competent, senior pay | 4 |
| Level III | Experienced | 3 |
| Level II | Qualified, some experience | 2 |
| Level I | Entry level | 1 |
So a senior engineer paid at Level IV has about four times the chance of a fresh graduate offered a Level I salary. Selection is still "beneficiary-centric": you are counted once no matter how many employers register you.
The wage level stated at registration must match the later Labor Condition Application and petition. USCIS can deny petitions where the employer inflated the wage level to game the lottery.
What this means in practice
- Entry-level graduates abroad have lower odds than before.
- US master's graduates still get two shots: the 20,000 master's cap first, then the regular cap.
- High earners in tech, medicine and finance gain the most.
USCIS announced in July 2026 that it had enough petitions to meet both the regular and master's caps for FY2027, so there was no second selection round.
The $100,000 Payment: Where It Stands
A presidential proclamation signed in September 2025 required a $100,000 payment for new H-1B petitions filed after September 21, 2025 for workers outside the US, or where the employer asked for consular processing. Workers changing status inside the US, such as F-1 students moving to H-1B, were generally exempt.
Then the courts stepped in:
- June 2026: a federal district court in Massachusetts, in a case brought by 20 states, set aside the payment requirement as unlawful.
- July 24, 2026: the First Circuit Court of Appeals refused the government's request to pause that ruling while it appeals.
- Since then: the payment has not been collected while the vacatur stands. The government's appeal is still pending, and other courts have issued conflicting rulings in separate cases.
H-1B Fees in 2026
| Fee | Amount | Who pays |
|---|---|---|
| Registration fee | $215 | Employer |
| Form I-129 base fee | $780 ($460 for 25 or fewer employees and nonprofits) | Employer |
| ACWIA training fee | $1,500 ($750 for 25 or fewer employees; some employers exempt) | Employer only |
| Fraud prevention fee | $500 | Employer only |
| Asylum Program Fee | $600 ($300 small employers; $0 nonprofits) | Employer |
| Extra fee for large H-1B-dependent employers | $4,000 | Employer only |
| Premium processing (optional) | $2,965 | Employer, or worker if for personal benefit |
| Visa application fee at embassy | $205 | Worker (often reimbursed) |
| $100,000 proclamation payment | Not being collected as of October 2026 | Employer |
The ACWIA and fraud fees cannot legally be passed on to you. Attorney fees for the petition are normally paid by the employer too. USCIS lists every current amount on its fee schedule, and fees change, so check it before any payment is made.
Wages: The Next Change to Watch
In March 2026 the Department of Labor proposed raising the prevailing wage levels used for H-1B and green card cases. Level I would move from about the 17th percentile of local wages to the 34th, and Level IV from the 67th to the 88th. DOL estimated average certified wages could rise by around $14,000 a year. As of October 2026, this was still a proposal.
If it becomes final, it will push up the salary needed for each wage level, which also affects your lottery weighting.
The H-1B Timeline
- January to February: employer and lawyer prepare; you share degrees and passport details.
- March: online registration window (about two weeks), followed by selection notices by the end of March.
- April 1 to June 30: selected employers file the full petition with USCIS.
- Decision: 15 business days with premium processing, months without.
- Visa interview: workers abroad apply at a US embassy in their country of nationality or residence.
- October 1: earliest start date for cap-subject H-1B workers.
For FY2028, expect registration around March 2027. USCIS announces the exact dates each winter.
After Approval: Interview, Arrival and Extensions
Once USCIS approves the petition, workers abroad book a visa interview, pay the $205 fee and bring the approval notice, offer letter and degree documents. Interview waits in India and some African and Latin American countries can run to several months, so employers often file with premium processing to leave time.
Your first H-1B approval usually lasts up to three years and can be extended for another three. Time spent outside the US can be added back. If your employer has filed a PERM labour certification or I-140 green card petition early enough, you can extend beyond six years while you wait.
If you lose your job, you have a grace period of up to 60 days, or until your authorised stay ends if sooner, to find a new employer to file for you, change status or leave. A new employer can file an H-1B transfer petition without going through the lottery again, and you can usually start working for it as soon as the petition is filed.
Who Can Skip the Lottery
Some employers are cap-exempt and can hire H-1B workers year-round:
- Universities and colleges
- Nonprofits affiliated with universities, such as teaching hospitals
- Nonprofit and government research organisations
Many doctors, researchers and university staff get H-1B this way. If you already held cap-subject H-1B status in the past six years, you may also be cap-exempt.
Documents Checklist
- Passport
- Degree certificates and transcripts
- Credential evaluation for foreign degrees
- Experience letters (if using experience to match a degree)
- CV
- Professional licences where the job requires them
- Offer letter showing title, duties and salary
- For the interview: DS-160 confirmation, appointment letter, I-797 approval notice, recent pay slips if already in the US
Since December 2025, H-1B and H-4 visa applicants have been asked to make social media accounts publicly visible for consular review. Clean up anything you would not want an officer to read.
Alternatives If You Are Not Selected
- F-1 study and OPT: a US master's degree adds the master's cap chance, and STEM OPT gives up to three years of work and three lottery tries.
- O-1 visa: for people with strong evidence of awards, publications or recognition. No cap.
- L-1 transfer: work for a multinational abroad for a year, then transfer to its US office.
- EB-2 NIW: a green card without an employer if your work has national importance.
Common Mistakes
- Duplicate registrations by related companies. These can get every registration thrown out.
- Mismatched details. The job title, SOC code, worksite and wage level must match from registration to petition.
- Degree not related to the job. A business degree for a software role, without strong experience, invites a request for evidence.
- Paying a recruiter for H-1B sponsorship. Workers should never pay for the registration or the employer's fees.
Frequently Asked Questions
What are my chances in the H-1B lottery now?
It depends on your wage level. With fewer registrations in FY2027 and a weighted system, workers offered Level III or IV salaries have noticeably better odds than entry-level applicants. USCIS had not published a full selection-rate breakdown for FY2027 at the time of writing.
Do I have to pay the $100,000 H-1B fee?
The worker never had to pay it; it was an employer payment. As of October 2026, a federal court has set it aside and it is not being collected while the government appeals, but that could change.
Can I apply for H-1B myself?
No. A US employer must register you and file the petition. You cannot self-petition for H-1B.
Can my spouse work on H-4?
Only in certain cases, mainly if you have an approved I-140 green card petition or have been granted H-1B time beyond six years based on a pending green card case. Otherwise H-4 spouses cannot work.
Can I get a green card from H-1B?
Yes. H-1B allows "dual intent," so your employer can sponsor you for an EB-2 or EB-3 green card while you work. Waits vary a lot by country of birth.
Before You Apply
- Ask any prospective employer what wage level it will offer, since that now drives your lottery odds.
- Get your degree evaluated early so there are no surprises in March.
- Check the current status of the $100,000 payment and the prevailing wage proposal before signing anything. The Labor Department's FLAG system publishes the wage data employers use.
- If you are outside the US, look at the US-degree route via F-1, which gives you more than one chance at selection.
Disclaimer: This guide is general information, not legal or immigration advice. Fees, quotas and requirements change often, so confirm every detail on the official government website before you apply or pay anyone. See our editorial policy.
