H-1B Visa Process 2026: Registration, Weighted Lottery, Petition, Fees and Visa Stamping

Getting a new H-1B in 2026 takes four stages: your employer registers you in March, USCIS runs a wage-weighted lottery, the employer files a full petition (Form I-129) if you are selected, and you get a visa stamp at a US consulate or change status inside the US. Work can start on October 1. The $100,000 proclamation payment is not being collected as of October 11, 2026, because federal courts have blocked it, but appeals are pending.

Key points

• Cap: 65,000 visas plus 20,000 for US master’s or higher graduates. Universities and nonprofit research organizations are cap-exempt.
• Lottery: since FY2027, each registration gets 1 to 4 entries depending on the wage level of the offer.
• Fees: $215 registration, then I-129 ($780 paper / $730 online for most employers) plus several statutory fees.
• Stamping: most applicants need an in-person interview in their home country, and H-1B and H-4 applicants face social media vetting.
• Watch list: the $100,000 payment (blocked), a proposed $103,265 fee on cap petitions (not in effect), and a proposed prevailing wage increase.

H-1B basics

The H-1B is for specialty occupations: jobs that need at least a bachelor’s degree, or equivalent, in a specific field (USCIS H-1B page). The employer sponsors you, and you can work only for sponsoring employers.

Item	Rule
Annual cap	65,000 regular + 20,000 US advanced degree
Cap-exempt employers	Universities, affiliated nonprofits, nonprofit and government research organizations
Initial period	Up to 3 years
Maximum stay	6 years, with extensions beyond that tied to green card progress (AC21)
Earliest start date for cap cases	October 1
Dual intent	Yes: you can pursue a green card while on H-1B

Timeline for a cap-subject H-1B

When	Step
Jan to Feb	Employer prepares, confirms job details and wage level
March	Electronic registration ($215 per beneficiary)
By end of March	USCIS runs the selection and notifies employers
From April 1	Selected employers file I-129 petitions (filing window of at least 90 days)
April to September	USCIS decides petitions; premium processing available
October 1	Earliest start date; change of status takes effect for those in the US

Step 1: Registration

The employer (or its attorney) creates an organizational account and submits a registration for each worker during the March window. The fee is $215 per beneficiary. Only one registration per worker counts per employer; USCIS selects by beneficiary, not by registration, which reduces the advantage of multiple filings. See the USCIS registration page.

Step 2: The weighted lottery

A final rule published December 29, 2025 (effective February 27, 2026) replaced the purely random lottery with a wage-weighted selection:

OEWS wage level of the offer	Entries in the lottery
Level I	1
Level II	2
Level III	3
Level IV	4

USCIS used this system for the FY2027 lottery, with registration open March 4 to 19, 2026. USCIS says it has received enough petitions to reach both the 65,000 regular cap and the 20,000 master’s cap for FY2027, and law firms reported there was no second selection round. We could not confirm official FY2027 registration and selection counts; check the USCIS H-1B cap season page.

US master’s degree holders are first entered in the regular cap selection, and those not picked get a second chance in the 20,000 advanced-degree selection.

Our guide to the H-1B weighted lottery and wage levels covers the odds in more detail.

Step 3: LCA and the I-129 petition

Before filing, the employer gets a certified Labor Condition Application (LCA) from the Department of Labor. It confirms the employer will pay at least the prevailing or actual wage, whichever is higher, and that hiring you will not harm US workers’ conditions.

Then the employer files Form I-129 with evidence of the job, your degree (with a credential evaluation for foreign degrees), and the LCA.

The H-1B fee stack (as of October 2026)

Fee	Amount	Who pays
Registration	$215	Employer
I-129 (H-1B), paper / online	$780 / $730 ($460 small employer or nonprofit)	Employer
Asylum Program Fee	$600 ($300 small employer, $0 nonprofit)	Employer
Fraud prevention and detection fee	$500 (initial petitions and change of employer)	Employer
ACWIA training fee	$750 (25 or fewer employees) or $1,500	Employer; cap-exempt employers are exempt
Public Law 114-113 fee	$4,000	Employers with 50+ US employees and more than half on H-1B or L-1
Premium processing (optional)	$2,965	Employer or employee

Source: USCIS G-1055, edition 10/07/26. Since September 9, 2026, the $4,000 Public Law 114-113 fee also applies to same-employer extensions for covered employers. The employer must pay the fraud and ACWIA fees; they cannot be passed to the worker.

The $100,000 payment (blocked as of October 2026)

A September 19, 2025 proclamation required a $100,000 payment for certain new H-1B petitions for workers outside the US. As of October 11, 2026, it is not being collected:

• June 8, 2026: a federal court in Massachusetts vacated the implementing guidance (California v. Mullin); the First Circuit refused to stay that ruling on July 24, 2026.
• September 30, 2026: a federal court in California (Global Nurse Force v. Trump) struck down the agency policies, including those implementing a September 18, 2026 proclamation that extended the payment to September 21, 2027.

USCIS says it will comply while DHS “considers next steps” and still plans to collect if the orders are lifted. Full details in our $100,000 H-1B fee status tracker.

Proposed rules (not in effect)

• $103,265 cap petition fee: DHS proposed this on August 25, 2026, for all cap-subject petitions. Comments closed September 24, 2026. It needs a final rule before it can apply.
• Higher prevailing wages: the Department of Labor proposed in March 2026 to raise wage levels for H-1B and PERM. We could not confirm a final rule as of October 2026.

Step 4: Start work

If you are in the US (change of status)

Many F-1 students change status to H-1B. If your OPT expires before October 1, the cap-gap rule can extend your F-1 status and work authorization while the H-1B petition is pending, up to April 1 of the following year under current rules. Your new status starts October 1 after approval.

If you are abroad (consular processing)

After approval, you apply for an H-1B visa stamp:

1. Fill out the DS-160, including social media handles used in the past five years.
2. Set your social media profiles to public: H-1B and H-4 applicants have been included in online presence vetting since December 2025.
3. Book an interview, generally in your country of nationality or residence; third-country appointments ended in September 2025.
4. Attend the interview. Most interview waivers ended September 2, 2025.
5. Expect possible 221(g) administrative processing, which can take weeks or months.

Nationals of countries under the 2026 travel ban may face additional restrictions; check the travel ban list.

After you have an H-1B

• Changing jobs: a new employer can file a transfer petition, and you can usually start once it is filed (portability). Transfers are not subject to the lottery.
• Green card: many H-1B workers start PERM or self-petition; see EB-1 vs EB-2 vs EB-3.
• Job loss: there is a grace period of up to 60 days, or until your I-94 ends if sooner, to find a new sponsor, change status, or leave.

What to do next

1. If you need an H-1B for next year, talk to your employer before January about the wage level and registration.
2. Check whether your employer is cap-exempt, which avoids the lottery entirely.
3. Compare alternatives such as the O-1 visa if your profile is strong.
4. Get advice from a licensed immigration attorney on your specific case, and follow our US hub and updates page for court and fee changes.