H-1B Visa 2026: The $100K Fee, Court Rulings, the Wage-Weighted Lottery and What Changed

Quick answer: The H-1B is the main US work visa for specialty occupations that need at least a bachelor’s degree. In 2026 three things changed it. First, the lottery is no longer purely random: since February 27, 2026, registrations get one to four entries based on the wage level of the job offer. Second, the $100,000 fee for new H-1B workers coming from abroad has been blocked by federal courts, but the White House renewed it on September 18, 2026, so its status is still being fought over. Third, H-1B and H-4 applicants face stricter visa screening and in-person interviews.

This guide explains how the H-1B works now, what each change means for workers and US employers, and the timeline for the next cap season. Last reviewed October 2026 against USCIS, Federal Register and court reporting.

H-1B basics in 2026

Item	Rule
Who qualifies	A job in a specialty occupation that requires at least a bachelor’s degree (or equivalent) in a related field
Annual cap	65,000 regular plus 20,000 for US master’s degree holders
Cap-exempt employers	Universities, their affiliated nonprofits, and nonprofit or government research organizations
Length of stay	Up to 3 years, extendable to 6; longer if a green card case is far enough along
Family	Spouse and children under 21 come on H-4; some H-4 spouses can get work permits
Registration fee	$215 per beneficiary
Earliest start date	October 1 (start of the federal fiscal year)

The new wage-weighted H-1B lottery

DHS published the final rule on December 29, 2025, and it took effect on February 27, 2026. The FY 2027 cap season was the first to use it. Each registration is entered based on the Department of Labor wage level the offered salary meets for that job and location:

Wage level	Entries in the lottery
Level IV (highest)	4
Level III	3
Level II	2
Level I (entry level)	1

• Higher pay means better odds. Entry-level roles, including many first jobs for new graduates, now have the lowest chance of selection.
• The petition must match. The wage level and job details in the petition must match the registration, so employers can’t inflate the level just to get selected.
• One person, several employers: if different employers register the same person at different wage levels, the lowest level is used for that person.

The $100,000 H-1B fee: where it stands

A presidential proclamation signed on September 19, 2025 added a $100,000 payment for certain new H-1B petitions from September 21, 2025. USCIS later said it applied mainly to new petitions for workers outside the US without a valid H-1B visa. It did not apply to change of status, extensions or amendments for people already in the US, such as F-1 students moving to H-1B.

• June 8, 2026: a federal court in Massachusetts vacated the policy. The First Circuit refused to pause that ruling on July 24, 2026.
• September 18, 2026: a new proclamation renewed the fee through September 21, 2027, with similar exemptions for people already in the US.
• September 30, 2026: a federal court in California vacated the agencies’ policies carrying out the fee and blocked enforcement until proper rulemaking is done.
• Still open: appeals are pending, and a separate DHS proposed rule from August 2026 would set a fee of about $103,000 for new cap-subject workers. A proposal is not law until it’s finalized.

Because this changes quickly, check the USCIS H-1B page and talk to an immigration attorney before filing any petition for a worker who is outside the US.

H-1B timeline: FY 2027 and what to expect for FY 2028

• FY 2027 (done): registration opened March 4, 2026, selections were announced by March 31, 2026, petitions were filed April 1 to June 30, 2026, and approved workers can start from October 1, 2026.
• FY 2028 (next): expect registration in March 2027. USCIS announces the exact dates a few weeks ahead.
• Employers should confirm the wage level, job title and work location before registration, since these now affect both odds and approval.

H-1B costs for employers

• Form I-129 filing fee: $780 for most employers, $460 for small employers and nonprofits
• Asylum Program Fee: $600 for most employers, $300 for small employers, $0 for nonprofits
• ACWIA training fee: $750 or $1,500 depending on company size (some employers are exempt)
• Fraud Prevention and Detection Fee: $500 for initial petitions and change of employer
• An extra $4,000 for employers with 50+ US workers where more than half are on H-1B or L status
• Optional premium processing for a faster decision

Check the USCIS fee calculator before filing. Workers getting an H-1B visa stamp abroad may also pay the visa application fee and the $250 visa integrity fee at issuance.

Visa stamping and screening

• Most H-1B and H-4 visa applicants must interview in person, generally in their country of nationality or residence.
• The State Department has extended its online-presence review to H-1B and H-4 applicants, so plan for possible delays.
• Petitions with vague job duties or a wage level that doesn’t fit the role draw more requests for evidence.
• Applicants may need US background documents; see our FBI background check guide.

From F-1 to H-1B, and from H-1B to a green card

• F-1 students on OPT can usually move to H-1B by change of status. “Cap-gap” protection keeps your status and OPT work authorization while a timely cap petition is pending, up to April 1 of the following year under the 2025 H-1B modernization rule.
• H-1B workers can stay beyond 6 years if a green card case (PERM or I-140) is pending long enough or the I-140 is approved.
• Self-petition options such as the EB-2 National Interest Waiver and EB-1A don’t need an employer. See how to get a green card.

FAQ

Does the $100,000 fee apply to H-1B extensions or F-1 to H-1B changes?

No, under both the 2025 and 2026 versions those filings inside the US were exempt. The fee targets new petitions for workers outside the US, and courts have blocked it, but check the latest status before filing.

How do I improve my H-1B lottery odds?

The only lawful lever is the wage level of a genuine job offer. A higher salary that meets a higher wage level for the role and location gets more entries. Duplicate or fake registrations are prohibited and can lead to denial.

Can I apply for an H-1B myself?

No. A US employer has to register you and file the petition. If you want to immigrate without an employer, look at self-petition green card categories.

When is the next H-1B lottery?

The FY 2028 registration is expected in March 2027, for jobs starting October 1, 2027.