The exact dates for the 2026 H-1B lottery registration have not yet been announced, but we anticipate it will open in the first week of March 2026 and remain open for approximately three weeks, with results due at the end of March.
2026 sees major changes in the lottery system for these visas. Rather than making the lottery entirely luck-based (typically a one in three or four chance of selection), USCIS is weighting lottery entries according to the salary level of the candidate, i.e. the higher the salary, the higher the chance of selection. This is an effort to make the lottery more merit-based, which is a welcome development.
Also, USCIS has instituted a one-time $100K fee if the applicant will be applying for their visa from outside the USA (i.e. not already in the US on a visa as of Sept. 30, 2026). This appears to be an effort to reward candidates who have studied in the USA.
(New) Wage-Based Allocation and $100K Visa Fee
Weighted Wage-Based Allocation
The H-1B “cap” selection will be given weight based on each candidate’s wage level under the Occupational Employment and Wage Statistics (OES). The relevant wage level is determined by identifying the highest wage level that the beneficiary’s future H-1B offered wage would equal or exceed for the relevant occupation and area(s) of future H-1B intended employment.
Each unique H-1B beneficiary will be entered into the lottery pool in a weighted manner based on their wage level as follows:
| Wage Level (Equivalent Skill Level) | Selection Entries (Multiplier) |
|---|---|
| Wage Level IV (Fully Competent) | Four times (4x) |
| Wage Level III (Experienced) | Three times (3x) |
| Wage Level II (Qualified) | Two times (2x) |
| Wage Level I (Entry) | One time (1x) |
Thus, an H-1B candidate who is offered a salary consistent with Wage Level IV for their position and area of employment, will have a 4 times higher chance of selection compared to a Wage Level I candidate. It should be noted that each unique beneficiary is counted only once towards the lottery pool even if they have different chances of selection based on the weighted selection multiplier.
$100K Visa Fee for New (Consular Processing) Petitions
A new $100,000.00 supplemental H-1B visa fee was established by the 2025 Presidential Proclamation and recently upheld by the D.C. District Court. This fee must be paid prior to filing any new H-1B petition for a beneficiary who is currently outside the United States or for whom the petition requests consular notification.
More importantly, this $100,000.00 fee does not apply to H-1B cap candidates who are already in the U.S. in a valid nonimmigrant status, including F-1 (including OPT/STEM OPT), J-1, H-4, L, E-2 or E-3, and seeking a Change of Status to H-1B.
Thus, it is reasonable to infer that there will be significantly fewer H-1B cap registrations for candidates who are outside of the US this year.
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