H-1B in 2026: Salary Lottery, $100K Fee and Costs

The H-1B visa remains the main gateway for qualified foreign professionals who wish to work legally in the United States in specialized occupations. However, fiscal year 2027 brought profound changes that have significantly altered the chances of selection and the costs of the program. The introduction of the wage-weighted lottery and the new $100,000 consular processing fee have reshaped the competitive landscape for employers and applicants.

These changes reflect the current administration’s immigration policy of prioritizing higher-paid workers and reducing the use of H-1B for entry-level positions. For those planning to pursue this visa in 2026 and beyond, understanding the new rules is essential for an effective strategy.

The H-1B is a temporary work visa granted to professionals working in “specialty occupations,” that is, occupations that generally require a bachelor’s degree or equivalent in fields such as information technology, engineering, data science, finance, architecture, healthcare, and education. The visa is always sponsored by a U.S. company, which assumes legal responsibilities during the contract.

Wage-weighted lottery

The most significant change for FY2027 was the implementation of the wage-level weighted selection, established by a DHS final rule published on December 23, 2025, effective February 27, 2026. The previous system of pure random lottery was replaced by a model that favors candidates with higher salaries.

The mechanism works as follows: each lottery registration receives a number of entries proportional to the wage level offered, based on the Department of Labor’s four-level scale (OEWS):

• Level 1 (entry): 1 entry in the lottery
• Level 2 (intermediate experience): 2 entries
• Level 3 (mid-level): 3 entries
• Level 4 (highly experienced): 4 entries

In practice, a senior professional with a Level 4 salary has four times the chance of being selected compared to an entry-level professional at Level 1. This drastically changes the dynamics for outsourcing and consulting companies that have historically submitted a large volume of petitions with entry-level salaries.

$100,000 Fee

Since September 21, 2025, H-1B cap-subject petitions requiring consular processing are subject to an additional payment of $100,000 as a condition of eligibility. This fee applies specifically to new applications for beneficiaries outside the United States who need a visa issued at a U.S. consulate.

The fee does not apply to changes of status within the U.S. (for example, from F-1 to H-1B) nor to extensions of existing H-1Bs. It is a significant financial barrier that directly impacts employers hiring professionals from abroad.

Updated costs in 2026

The full cost structure for an H-1B petition in 2026 includes multiple mandatory fees:

For a regular-sized company hiring a professional from abroad via consular processing, the total cost can exceed $106,000 in government fees alone, not including attorney fees.

Annual cap and registration

The annual H-1B cap remains at 65,000 regular visas plus 20,000 additional for holders of a master’s or doctorate degree obtained at a U.S. institution. Demand continues to vastly exceed supply, with millions of registrations submitted annually for these limited slots.

For FY2027, the electronic registration period took place from March 4 to 19, 2026. Employers used their MyUSCIS accounts to register each beneficiary by paying the $215 fee. Selection in the lottery is only the first step: after being selected, the employer has a deadline to submit the complete petition with all supporting documentation.

Key requirements

For approval of an H-1B petition, it is necessary to demonstrate:

• Specialty occupation: the position must require, as a minimum requirement, a bachelor’s degree or equivalent in a specific field related to the job
• Beneficiary qualification: university degree or equivalent combination of education and professional experience
• Formal job offer: legitimate employer-employee relationship with the petitioning company
• Prevailing wage: the salary offered must be consistent with the U.S. market for that occupation and location
• Labor Condition Application (LCA): prior approval by the Department of Labor

The professional cannot apply alone. The entire process is initiated and maintained by the sponsoring employer, who assumes legal obligations during the validity of the visa.

Duration and path to Green Card

The H-1B is initially granted for up to 3 years, and can be renewed for another 3, totaling 6 years. Extensions beyond 6 years are possible if the employer has started the Green Card process (PERM or I-140 approved) within the deadlines established by the American Competitiveness in the Twenty-First Century Act (AC21).

In practice, many employers start the PERM labor certification process and I-140 petition during the first years of H-1B, allowing the transition to permanent residency. The most common categories for H-1B professionals are EB-2 and EB-3, with wait times that vary drastically by country of birth.

Alternatives to H-1B

Given the competitiveness of the lottery and rising costs, qualified professionals often consider alternative routes:

• L-1: intracompany transfer, no lottery required, for employees of multinational companies
• O-1: for professionals with extraordinary ability, no numerical cap
• EB-2 NIW: direct Green Card without the need for a job offer, based on national interest
• TN: available to Canadian and Mexican citizens under the USMCA
• E-2: investor visa for citizens of countries with a bilateral treaty

The choice of the ideal route depends on the professional profile, nationality, availability of a sponsoring employer, and the urgency of the immigration project. With the 2026 changes, the H-1B has become significantly more expensive and favors higher salary profiles, which may make alternatives such as O-1 or EB-2 NIW more attractive for certain professionals.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.