H-1B Visa Guide 2026: Lottery, Fees, and Employer Transfers
The H-1B process starts with electronic registration, not a full petition, and FY2027 selection is no longer purely random — it now favors higher wages.
In short: The H-1B specialty occupation visa starts with electronic registration costing $215 per beneficiary (FY2027), and when registrations exceed the annual cap (65,000 plus 20,000 for master's degree holders), selection is no longer purely random — it now weights toward higher-wage offers. The separate $100,000 fee announced in September 2025 is currently blocked by a federal court order as of late July 2026.
What is the H-1B visa?
It's a non-immigrant work visa for "specialty occupations" requiring theoretical and practical application of highly specialized knowledge, usually requiring at least a bachelor's degree in a field directly related to the job. The employer must first obtain a certified Labor Condition Application (LCA) from the Department of Labor confirming they'll pay the prevailing wage and meet fair working conditions, before filing the visa petition on the employee's behalf.
The annual cap and exempt categories
The law sets an annual cap of 65,000 new visas under the regular category, plus an additional 20,000 reserved exclusively for beneficiaries with a master's degree or higher from a US institution. Positions at universities, nonprofit research organizations, and government research organizations are entirely exempt from this cap and don't need to go through the lottery.
Quick summary: the annual cap categories
| Category | Annual number | Goes through the lottery? |
|---|---|---|
| Regular cap (bachelor's or higher) | 65,000 | Yes |
| Additional US master's cap | 20,000 | Yes (separate lottery for those not selected in the first) |
| Universities and nonprofit/government research organizations | No limit | No, fully cap-exempt |
Practical note: someone with a US master's degree is automatically entered into two possible lotteries (the regular cap, then the master's cap if not selected in the first), which raises their overall statistical odds compared to someone with only a bachelor's degree.
How the electronic lottery works
- The employer registers electronically. Through the electronic registration system during a set window (usually in March), paying a non-refundable $215 registration fee per beneficiary.
- USCIS runs selection if registrations exceed the cap. For FY2027, the system moved from purely random selection to a weighted selection that generally favors registrations where the offered wage equals or exceeds a higher official OEWS wage level.
- Only selected registrants are notified. The employer then files the full petition (Form I-129) during the filing window specified after notification.
You don't need to register the very first day the window opens — selection happens after the entire initial registration window closes, so there's no timing advantage to registering early within it.
Status of the extra $100,000 fee
Status is fluid: In September 2025, the President signed a proclamation requiring an extra $100,000 payment on new H-1B petitions filed after a certain date. But a federal court blocked enforcement, and an appeals court denied the government's request to stay that ruling on July 24, 2026. DHS says it's complying with the order for now while reserving the right to appeal. This status can change at any time — check the latest official update at uscis.gov before making any financial decision based on it.
H-1B and dual intent: can you apply for a green card?
Unlike many temporary work visas that require you to prove intent to return home, H-1B is officially a "dual intent" category. This means you can begin the green card process — through a permanent job offer from your employer, for example — while actively working on H-1B, without that being treated as a contradiction that threatens your current status or risks denial when you travel and re-enter. This matters a lot for Arab professionals planning to settle long-term in the US rather than just work temporarily.
H-1B's base period is three years, extendable for three more (six years total under the standard rule), but if you begin the green card process before your fifth year is complete, you're generally entitled to annual H-1B extensions past the six-year limit until the green card process is finished, instead of having to leave the US.
Transferring to a new employer (portability)
If you find a better opportunity while on H-1B, you don't have to wait for final approval of the transfer. As soon as the new employer properly files a non-frivolous Form I-129 on your behalf, you can start working there as of the filing date or the requested start date, whichever is later. That means you can change jobs without a long employment gap, as long as the filing is procedurally correct.
H-4 dependents
An H-1B holder's spouse and unmarried children under 21 can accompany them on H-4 status. Some H-4 holders — specifically those whose spouse has already begun the green card process — can apply for a separate Employment Authorization Document (EAD), per USCIS's current rules.
What if you're not selected in the lottery?
Not being selected isn't the end of the road. The main practical options: wait for the next fiscal year's registration window and try again (there's no limit on how many years you can register), or explore other work visa categories that might fit your situation, such as O-1 for individuals of extraordinary ability, L-1 for intracompany transfers if your employer has an office in your home country, or TN specifically for Canadian and Mexican citizens. See our US visa types guide to compare what's actually available for your nationality and qualifications.
Moving from F-1/OPT to H-1B: the "cap-gap" extension
If you're an F-1 student on Optional Practical Training (OPT) and you're selected in the lottery, your work authorization (EAD) could expire before H-1B's official start date of October 1st. The "cap-gap" rule automatically bridges this window, extending your legal status and work authorization until H-1B actually begins, as long as your employer filed the H-1B petition on time and you're still in valid F-1 status when they file. Make sure your university's international office (DSO) knows about the filing so they can update your SEVIS record correctly.
What does your employer need from you to file?
Prepare these documents early to speed up your employer's process:
- Academic credentials — certified copies of your degrees, plus a foreign credential evaluation if your degree is from outside the US.
- A detailed resume — showing experience directly related to the specialty occupation required for the role.
- A valid passport — with enough validity remaining before expiration.
- Your current immigration status record — if you're already in the US on another visa (like F-1 or L-1), documentation proving your continuous legal status.
Common mistakes
- Waiting for the "perfect moment" to register within the window. Pointless — selection happens only after the entire window closes.
- Assuming the $100,000 fee is always in effect. The legal status is fluid and needs real-time confirmation from the official source.
- Quitting a job before confirming the new employer actually filed Form I-129. Can create a gap in your legal status.
- Not verifying the LCA and Department of Labor certification before filing. Delays or invalidates the whole petition.
What's next
If you're still exploring options, see our US visa types guide for comparison, and if you're waiting on a separate work permit, check the EAD work permit guide. To track your case after filing, use our USCIS processing times guide for realistic expected timelines.
Frequently asked questions
Is the $100,000 H-1B fee currently in effect?
No. As of late July 2026, it's blocked by a federal court order (after an appeals court denied the government's request to stay the ruling), and DHS is complying with the order for now while it considers an appeal. Check uscis.gov for the latest before making any decision.
How much is the electronic registration fee for the lottery?
$215 per beneficiary for FY2027, non-refundable, per USCIS's official page.
How has the lottery selection method changed?
For FY2027, selection is no longer purely random. USCIS now uses a weighted selection that generally favors registrations where the offered wage equals or exceeds a higher OEWS prevailing wage level.
Can I change employers while on H-1B?
Yes, through what's known as 'portability.' You can start working for the new employer as soon as they properly file a non-frivolous Form I-129 petition, or as of the requested start date, whichever is later — without waiting for final approval.
Can my spouse work on H-4 status?
Some H-4 spouses of H-1B holders can apply for work authorization if the H-1B spouse has already begun the green card process, per USCIS rules.
What's the annual H-1B cap?
65,000 new visas per year under the regular cap, plus an additional 20,000 for beneficiaries with a master's degree or higher from a US institution. Positions at universities and nonprofit research organizations are cap-exempt.
Official sources we reviewed
- USCIS — H-1B Specialty Occupations overview ↗
- USCIS — H-1B Electronic Registration Process ↗
- USCIS — H-1B FAQ (status of the $100,000 fee) ↗
- USCIS — H-1B Cap Season ↗