H-1B Visa in 2026: Salary Lottery and New Rules

The H-1B visa is the main gateway for skilled professionals who wish to work legally in the United States. Intended for specialized occupations that require at least a bachelor’s degree or equivalent training, this temporary work visa underwent profound changes in 2026 with the implementation of a wage-weighted lottery, the introduction of a US$100,000 fee for consular processing, and a widespread adjustment of petition costs. Understanding these changes is crucial for any professional planning to seek a position in the US.

Historically contested by hundreds of thousands of applicants each year, the H-1B operates under an annual cap of 85,000 visas: 65,000 regular and 20,000 additional reserved for holders of a master’s or doctorate degree obtained at American institutions. Demand has always far exceeded supply, and until 2025 the selection was made by a pure random lottery, a model that changed radically starting in 2026.

Wage-weighted lottery

Starting in fiscal year 2027 (FY2027), USCIS replaced the random lottery with a wage-weighted selection system. The final rule, published by DHS and effective as of February 27, 2026, distributes the chances of selection according to the wage level of the offered position.

In practice, professionals with higher salaries have up to four times more chances of being selected. This change significantly favors senior positions and high-paying fields such as technology, finance, and healthcare, while drastically reducing the chances for entry-level positions and for outsourcing companies that have historically registered candidates at lower wage levels.

US$100,000 fee

One of the most impactful changes came through presidential proclamation: H-1B cap-subject petitions involving consular processing are now subject to an additional US$100,000 fee. This fee took effect on September 21, 2025, and applies to new petitions where the beneficiary requires consular notification, that is, is outside the United States.

Students with an F-1 visa who change status (change of status) within the US are exempt from this fee, making the American academic route even more strategic for those planning to transition to H-1B. Candidates already in the United States with another valid status can also avoid this charge by opting for a change of status instead of consular processing.

Updated costs for 2026

The total costs of an H-1B petition in 2026 are significantly higher than in previous years. For a large employer (more than 25 employees), the total base cost amounts to approximately US$3,380, distributed among the following mandatory fees:

• Registration fee: US$215 per candidate, paid during the registration window
• I-129 (base filing fee): US$780 (paper) or US$730 (online)
• ACWIA fee (training): US$750 for small businesses or US$1,500 for large businesses
• Fraud Prevention and Detection Fee: US$500
• Asylum Program Fee: additional amount depending on company size
• Premium processing (optional): US$2,965 since March 2026

For small businesses and non-profit organizations with 25 employees or fewer, the base I-129 fee is reduced to US$460. Adding the US$100,000 fee for consular processing when applicable, the total cost of an H-1B petition can exceed US$106,000, making the process prohibitively expensive for many employers.

FY2027 registration and timeline

The registration window for the FY2027 lottery took place between March 4 and 19, 2026. During this period, employers submitted electronic registrations in the USCIS system and paid the US$215 fee per candidate. USCIS notified selected applicants by March 31, 2026, through employers’ online accounts.

Selected candidates receive a deadline to submit the complete petition (Form I-129) with all supporting documentation. It is essential that the sponsoring employer already has the Labor Condition Application (LCA) approved by the Department of Labor before submitting the petition.

H-1B requirements

The fundamental requirements for approval of an H-1B petition remain unchanged despite changes in the selection system and fees. The employer and the candidate must simultaneously meet specific criteria for USCIS to approve the petition.

• Specialty occupation: the position must require at least a bachelor’s degree or equivalent in a specific field related to the job
• Candidate qualification: university degree compatible with the position or equivalent professional experience via credential evaluation
• Job offer: an American company must sponsor the petition and assume legal and salary responsibilities
• Prevailing wage: the offered salary must be compatible with the US market for that occupation and geographic region
• Employer-employee relationship: the company must demonstrate effective control over the beneficiary’s work

The most common professional fields for H-1B include information technology, engineering, data science, finance, architecture, healthcare, and education. The professional cannot apply alone: the entire process starts with the hiring company, which assumes legal and financial responsibilities during the contract period.

Duration and Green Card

The H-1B is initially granted for up to 3 years, and can be renewed for another 3, totaling a maximum of 6 years of stay. Extensions beyond 6 years are possible in specific situations, such as when the employer has already started the Green Card process and the I-140 petition has been approved, or when the beneficiary is waiting for visa availability in a prolonged waiting line.

During the H-1B period, many companies start the permanent residency process through the EB-2 or EB-3 categories, which requires obtaining a permanent labor certification (PERM) from the Department of Labor. This is one of the strategic advantages of the H-1B: in addition to legal work in the United States, it serves as a bridge to permanent residency.

Alternatives to H-1B

Given the significant changes to the H-1B program, especially the US$100,000 fee and the competitiveness of the weighted lottery, many professionals and companies are exploring viable alternatives. Each option has distinct requirements, costs, and advantages that should be evaluated according to the individual profile.

• L-1: intracompany transfer for executives, managers, or professionals with specialized knowledge, not subject to the annual cap
• O-1: for individuals with extraordinary ability or notable achievements in their field, also with no annual limit
• EB-2 NIW: Green Card petition for national interest that waives the job offer, allowing the professional to self-petition
• E-2: investor visa for citizens of countries with a bilateral treaty with the US (Brazil does not have an E-2 treaty)
• TN: available exclusively for Canadian and Mexican citizens under the USMCA

The choice of the best strategy depends on the professional profile, nationality, wage level, and the employer’s willingness to bear the costs involved. With the 2026 changes, the H-1B has become significantly more expensive and competitive, especially for early-career professionals and for positions based outside the United States.

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.