H-1B Visa: Requirements, Weighted Lottery, and Costs in 2026

The H-1B visa is one of the most sought-after temporary work categories in the U.S. immigration system. Created by section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (INA), it allows U.S. companies to hire foreign professionals for positions that require specialized technical knowledge and, as a rule, a bachelor’s degree or equivalent. In 2026, the program undergoes historic changes that directly affect those planning to work in the U.S. through this route.

A wage-level weighted lottery has replaced the random draw that was in place for decades, and a supplemental fee of $100,000 was imposed by presidential proclamation for petitions with consular processing. The total cost of an H-1B petition can now exceed $100,000, depending on the size of the company and the beneficiary’s situation.

The H-1B is not a visa that the professional applies for on their own: every petition is initiated by a U.S. employer, who assumes legal responsibilities during the contract period. For those seeking to build a career in the U.S. and eventually start the path to a green card, understanding the updated rules is essential.

Specialty Occupations

The H-1B applies exclusively to specialty occupations, that is, occupations that require the theoretical and practical application of a highly specialized body of knowledge. The position must require at least a bachelor’s degree or equivalent in a directly related field. The most common areas include:

• Information technology and software engineering
• Civil, mechanical, and electrical engineering
• Data science and artificial intelligence
• Finance and accounting
• Architecture
• Health sciences
• Education and mathematics

The Department of Labor (DOL) and USCIS assess whether the position truly qualifies as a specialty occupation based on criteria defined in 8 CFR 214.2(h)(4)(ii). It is not enough for the position to exist in one of these fields: it is necessary to demonstrate that the specific position requires the required level of education.

H-1B Requirements

For a petition to be approved, both employer and beneficiary must meet several requirements simultaneously:

• Labor Condition Application (LCA): The employer must file an LCA approved by the DOL before submitting the petition to USCIS, certifying that the offered salary meets or exceeds the prevailing wage for the occupation and location.
• Prevailing wage: The salary must correspond to the appropriate wage level according to data from the Occupational Employment and Wage Statistics (OEWS) of the Bureau of Labor Statistics.
• Degree and qualification: The beneficiary must have a bachelor’s degree or higher in a relevant field. Professional experience may be accepted as equivalent, generally at a ratio of 3 years of experience for 1 year of education.
• Position-education relationship: The offered position must require the specific education that the beneficiary possesses.
• Valid job offer: There must be a real and specific position, with a detailed description of duties and requirements.

The professional cannot apply alone: the entire process is initiated by the hiring company, which submits form I-129 (Petition for a Nonimmigrant Worker) to USCIS.

The H-1B Lottery

The U.S. Congress sets an annual limit (cap) of 85,000 new H-1B visas: 65,000 in the regular quota and 20,000 additional for beneficiaries with a master’s or doctorate obtained from U.S. institutions. As demand far exceeds supply, USCIS conducts a selection process via electronic registration.

For fiscal year 2026 (FY2026), 336,153 unique beneficiaries were registered, of which 118,660 were selected, resulting in a selection rate of approximately 35.3%. The registration fee is $215 per beneficiary.

Wage-Level Weighted Selection

Starting in FY2027, a fundamental change took effect: the random draw was replaced by a selection system weighted by DOL wage level. Each registration receives a weight based on the four wage levels:

In practice, professionals with higher salaries have significantly greater chances of selection. According to USCIS, the selection probability for Level I dropped by approximately 48%, while for Level IV it increased by 107%. The registration period for FY2027 took place between March 4 and 19, 2026, and selection notifications were sent by March 31.

If a beneficiary has multiple registrations submitted by different employers, USCIS will assign the lowest wage level among all registrations for weighting purposes. The stated goal is to prioritize higher economic value hires and reduce system abuse.

Fees and Costs

The total cost of an H-1B petition varies considerably depending on the size of the company and the beneficiary’s situation. The mandatory fees in 2026 are:

The most impactful fee is the $100,000 supplemental, introduced by presidential proclamation in September 2025. It applies to petitions where the beneficiary is outside the U.S. without a valid H-1B visa and will require consular processing. Exemptions exist for cases of proven national interest, but they are narrow and strictly evaluated.

Two federal lawsuits (Global Nurse Force v. Trump and Chamber of Commerce v. DHS) challenge the constitutionality of this fee. The final decision could significantly alter the H-1B cost landscape in the coming years.

Duration and Extensions

The H-1B is granted for an initial period of up to 3 years, with the possibility of extension for another 3 years, totaling up to 6 years. After this period, the professional must remain outside the U.S. for at least one year before obtaining a new H-1B, except for important exceptions.

If the employer has filed a PERM process or I-140 petition for a green card, the beneficiary may obtain extensions beyond 6 years under sections 106(a) and 104(c) of the American Competitiveness in the Twenty-First Century Act (AC21). Spouses and children under 21 may accompany the holder with an H-4 visa. H-4 dependents whose spouse has an approved I-140 may apply for work authorization (EAD) via form I-765.

From H-1B to Green Card

For many professionals, the H-1B is the first step toward permanent residency. The typical path involves four main steps:

1. The employer files the PERM (labor certification) process with the DOL
2. After PERM approval, submits the I-140 (Immigrant Petition for Alien Workers) to USCIS
3. With I-140 approved, the beneficiary waits for visa availability in the EB category (usually EB-2 or EB-3) according to the Visa Bulletin
4. When the priority date becomes current, files the I-485 (Adjustment of Status) or processes via consulate

The total time for this process ranges from 2 to over 10 years, depending on the beneficiary’s country of birth and EB category. Citizens of high-demand countries, such as India and China, face considerably longer queues.

Alternatives to H-1B

Given the complexity of the lottery, high cost, and recent changes, professionals and companies explore alternative routes to work legally in the U.S.:

• L-1: Intra-company transfer for managers and executives (L-1A) or employees with specialized knowledge (L-1B), with no lottery and no cap
• O-1: For individuals with extraordinary ability in sciences, arts, education, business, or athletics
• EB-2 NIW: Direct green card without the need for a job offer, for professionals who demonstrate that their work benefits the U.S. national interest
• TN: For Canadian and Mexican citizens in professions listed under the USMCA, with a simplified process
• E-2: Investor visa for nationals of countries with a bilateral investment treaty with the U.S.

Each alternative has distinct requirements and limitations. The ideal choice depends on the professional profile, nationality, field of work, and the candidate’s long-term goals. In many cases, combining strategies, such as maintaining an H-1B while the EB-2 NIW process advances, offers the best protection against regulatory uncertainties.

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.