New Rules for the H-1B Lottery
February 3, 2026The USCIS has announced that the H-1B cap lottery will open at noon Eastern on March 4 and run through noon Eastern on March 19, 2026. This year’s lottery brings critical changes that employers and individuals should fully understand before choosing to proceed. Ongoing discussions around the new weighted selection process, along with changes such as a significantly increased registration fee (including figures as high as $100,000), have made advance planning and clear guidance more critical than ever for employers.
What Employers Should Know
1. Overview of the $100,000 H-1B Fee – NEW
Different from previous lotteries is the $100,000 fee. This fee does not apply to individuals currently in the US in another nonimmigrant status (such as H-4, F-1, L-1, TN, etc.). However, the individual cannot travel internationally. If they do, they risk being stuck outside the US or subject to the $100,000 fee. If they wanted to return after being stuck outside the U.S., they would have to pay the $100,000 fee (the company is NOT legally required to pay this fee). Employers should consider drafting an agreement between the company and the individual relaying this travel contingency.
Employers and individuals should know that the $100,000 fee is currently being challenged in the courts. We cannot predict with certainty when precisely the results from this litigation will occur, but there may be a definitive answer before June 2026 (the date that the H-1B petitions must be filed for those selected).
2. How the H-1B Selection Process Works – NEW
The H-1B lottery is no longer a simple “one registration, one chance” system. Instead, USCIS now uses a weighted selection process, which means that some registrations have a higher likelihood of being selected than others. In practical terms:
- Each sponsored individual is entered into the lottery based on their compensation level relative to the job code and location.
- Higher wage levels receive more “weight” in the selection process, increasing the chances of selection. Each position can enter an individual up to 4 times.
- Lower wage levels are still eligible (though level 1 wages may be challenged by the USCIS), but they are statistically less likely to be selected.
- This does not guarantee selection for any individual, but compensation strategy can meaningfully affect outcomes.
We recommend evaluating potential H-1B candidates early so we can discuss whether compensation adjustments or role structuring may improve selection odds, where appropriate and compliant.
H-1B Weighted Lottery – Entries by Wage Level
| Level I | 1 entry |
| Level II | 2 entries |
| Level III | 3 entries |
| Level IV | 4 entries |