H1B Visa Guide: New $100K Fee, Weighted Lottery & Costs

If you're a skilled professional looking to work in the United States, the H-1B visa is one of the most common paths to get there. It's also one of the most competitive. Every year, hundreds of thousands of registrations compete for roughly 85,000 available slots, and recent policy changes have added significant new costs for some applicants.

This guide covers the full H-1B visa process from registration through approval, including the 2026 lottery system, employer requirements, current fees (including the September 2025 $100,000 proclamation), processing timelines, and what happens after you're in the U.S.

What is the H1B visa?

The H-1B is a nonimmigrant visa that allows U.S. employers to hire foreign workers in specialty occupations. A specialty occupation is one that requires the theoretical and practical application of highly specialized knowledge, with a bachelor's degree or higher in a directly related field as the minimum entry requirement.

Common H-1B specialty occupations include roles in technology, engineering, mathematics, physical sciences, medicine and health, accounting, law, architecture, and business analysis. The key test isn't the job title. It's whether the position genuinely requires degree-level specialized knowledge to perform the duties.

USCIS evaluates whether a position qualifies as a specialty occupation based on four criteria:

A position only needs to meet one of these criteria to qualify.

H1B visa requirements

To qualify for an H-1B visa, both the job and the worker must meet specific requirements.

Job requirements

The position must be a specialty occupation, meaning the role must require at least a bachelor's degree in a specific field directly related to the job duties. A job listing that says "bachelor's preferred" is not enough - the degree must be a minimum requirement, not merely a preference.

The employer must also pay at least the prevailing wage for the occupation in the geographic area where the work will be performed. This is verified through the Labor Condition Application (LCA) process with the Department of Labor.

Worker requirements

You must meet one of the following criteria:

• Hold a U.S. bachelor's degree or higher in the specialty from an accredited institution
• Hold a foreign degree equivalent to a U.S. bachelor's degree or higher in the specialty
• Hold an unrestricted state license, registration, or certification authorizing you to fully practice the specialty occupation
• Have education plus progressively responsible experience equivalent to a bachelor's degree, with recognition of expertise in the specialty

For the experience equivalency route, USCIS generally evaluates three years of progressive work experience as equivalent to one year of college. This requires a credential evaluation from a qualified organization.

The H1B visa lottery and cap

The H-1B visa has an annual numerical cap set by Congress: 65,000 visas under the regular cap, plus an additional 20,000 visas reserved for beneficiaries with a U.S. master's degree or higher (the advanced degree exemption, commonly called the "master's cap").

Note: Up to 6,800 visas from the 65,000 are set aside for nationals of Chile and Singapore under the H-1B1 program. Unused H-1B1 visas roll over to the next fiscal year's regular cap.

Who is cap-exempt?

Not all H-1B positions are subject to the annual cap. The following employers are cap-exempt:

• Institutions of higher education
• Nonprofit entities related to or affiliated with institutions of higher education
• Nonprofit research organizations
• Government research organizations

If you work for a cap-exempt employer, you can file an H-1B petition at any time without going through the lottery. However, if you later move to a cap-subject employer, you would need to go through the lottery unless you've previously been counted against the cap.

How the H1B visa lottery works

Since 2020, USCIS has used an electronic registration system for the H-1B cap. Here's the process:

Step 1: Registration period opens (typically early March) - Employers or their attorneys register each beneficiary they intend to sponsor. For FY 2027, the registration period runs from March 4 (noon EST) through March 19 (noon EST), 2026.

Step 2: USCIS conducts the selection - If more registrations are received than needed to meet the cap, USCIS randomly selects registrations. Advanced degree exemption registrations are entered into the master's cap selection first. Those not selected are then included in the regular cap selection.

Step 3: Selection notifications (typically by end of March) - Selected registrants receive notification in their USCIS online account. The status changes from "Submitted" to "Selected."

Step 4: Petition filing window - Selected registrants can file their full H-1B petition starting April 1. For FY 2027, the filing window runs from April 1 through June 30, 2026. The requested start date on the petition must be October 1 or later of the applicable fiscal year.

For FY 2026, the registration fee is $215 per beneficiary.

The FY 2027 wage-weighted lottery (effective March 2026)

Starting with FY 2027, the H-1B lottery is no longer random. On December 23, 2025, DHS announced a final rule replacing the random selection process with a wage-weighted system, effective February 27, 2026. This is the most significant structural change to the H-1B cap process in decades.

Under the new system, each registration receives a weighted number of "entries" in the selection pool based on the Department of Labor's four-tier Occupational Employment and Wage Statistics (OEWS) prevailing wage system:

• Wage Level IV (highest): 4 entries in the selection pool
• Wage Level III: 3 entries
• Wage Level II: 2 entries
• Wage Level I (entry-level): 1 entry

The effect on selection odds is substantial. Under the old random system, every registration had an equal chance of selection (approximately 29.6% based on FY 2021-2025 averages). DHS estimates that under the weighted system, Level IV registrations could see selection rates above 50%, while Level I registrations may drop to roughly 15%. Independent modeling suggests the actual spread could be even wider.

What this means at registration: Employers must now include the OEWS wage level, Standard Occupational Classification (SOC) code, and area(s) of intended employment when filing an H-1B registration. The wage level reported must be the highest OEWS level that the offered salary equals or exceeds for the relevant occupation and location. USCIS can deny or revoke petitions if it determines an employer selected an inappropriate wage level to manipulate selection odds.

The FY 2027 registration period opens at noon Eastern on March 4, 2026, and closes at noon Eastern on March 19, 2026. The $215 registration fee per beneficiary remains unchanged, and the advanced degree exemption (master's cap) structure also remains in place.

H1B visa process: step by step

Once your registration is selected (or if you're filing for a cap-exempt position), here's the full petition process:

Step 1: Employer files Labor Condition Application (LCA)

Before filing the H-1B petition with USCIS, the employer must obtain a certified Labor Condition Application from the Department of Labor. The LCA requires the employer to attest that:

• The H-1B worker will be paid at least the prevailing wage or the actual wage paid to similar workers, whichever is higher
• Working conditions will not adversely affect other similarly employed workers
• There is no strike or lockout at the place of employment
• Notice of the LCA filing has been provided to workers

LCA processing typically takes 7 to 10 business days. The LCA is worksite-specific, which means if the worker's primary work location changes (including a shift to permanent remote work at a different address), the employer may need to file a new LCA.

For a detailed breakdown of employer obligations, see our H-1B guide for employers.

Step 2: Employer files Form I-129 with USCIS

The employer submits Form I-129, Petition for a Nonimmigrant Worker, along with:

• The certified LCA
• Evidence of the beneficiary's qualifications (degrees, transcripts, credential evaluations)
• Evidence that the position is a specialty occupation
• A detailed job description including specific duties, requirements, and reporting structure
• Copy of the H-1B Registration Selection Notice (for cap-subject petitions)
• All required fees (see the costs section below)

Step 3: USCIS adjudication

USCIS reviews the petition and either approves it, issues a Request for Evidence (RFE), or denies it. Processing times vary by service center and case complexity.

With premium processing, USCIS guarantees an initial response within 15 business days, which could be an approval, denial, RFE, or notice of intent to deny.

Step 4: Visa stamping (if outside the U.S.)

If you're outside the United States, you'll need to apply for an H-1B visa stamp at a U.S. Embassy or Consulate after the petition is approved. This is often called H-1B visa stamping, and it requires an in-person consular interview in most cases. You'll need:

• A valid passport (valid for at least six months beyond the intended period of stay)
• Form DS-160 confirmation
• The MRV visa application fee ($205 for H category visas)
• Form I-797 approval notice
• Supporting documents (employment letter, degree certificates, resume)

H-1B visa stamping in the U.S. Historically, visa stamping can only be done at a U.S. consulate abroad. There is no domestic visa stamping program in the United States at this time. However, the State Department has periodically piloted limited domestic renewal programs.

If you are already inside the U.S. in valid H-1B status but have an expired visa stamp in your passport, you do not need a new stamp to continue working. You only need a valid visa stamp to re-enter the United States after traveling abroad. Some H-1B holders in this situation choose to delay international travel to avoid the stamping process altogether.

Step 5: Entry to the United States

At the port of entry, U.S. Customs and Border Protection (CBP) will review your documents and, if everything is in order, admit you in H-1B status. Your Form I-94 (arrival/departure record) will show your authorized stay period.

How to check your H1B visa status

You can check H-1B visa status at several stages of the process:

• Petition status: Track your I-129 petition using the receipt number from your I-797C Notice of Action at egov.uscis.gov/casestatus. This shows whether your case is received, pending, approved, or if an RFE has been issued.
• Lottery registration status: During cap season, check your registration status in your USCIS online account. The status will show as "Submitted," "Selected," or "Not Selected."
• Visa stamp status: If you've applied for H-1B visa stamping at a consulate, track your passport and visa status through the consulate's tracking system (typically ceac.state.gov for interview status).
• H-1B status in the U.S.: Your current H-1B status and authorized stay period are shown on your Form I-94, which you can retrieve electronically at i94.cbp.dhs.gov. Your I-94 expiration date - not the visa stamp expiration - determines how long you can remain in the U.S.

Common denial reasons and how to avoid them

H-1B petition denials and Requests for Evidence (RFEs) are not uncommon. Understanding the most frequent triggers can help employers prepare stronger petitions.

Specialty occupation not established. This is the most common RFE trigger. USCIS may challenge whether the position genuinely requires a bachelor's degree in a specific field. Jobs with broad or vague duty descriptions, or roles where multiple unrelated degree fields could qualify, are particularly vulnerable. To strengthen the case, provide a detailed description of specific duties that require specialized knowledge and explain why a degree in a particular field is necessary to perform them.

Beneficiary qualifications insufficient. If the worker's degree field doesn't closely align with the job duties, USCIS may question whether the specialty occupation requirement is met. For workers relying on experience equivalency (three years of experience per one year of college), ensure the credential evaluation is thorough and from a reputable evaluator.

Employer-employee relationship not demonstrated. This is especially common for staffing companies, consulting firms, and situations where the H-1B worker will be placed at a third-party worksite. USCIS looks for evidence that the petitioning employer has the right to control when, where, and how the worker performs the job. Provide detailed contracts, work orders, and organizational charts showing supervisory relationships.

Wage level concerns. With the new wage-weighted lottery, wage level scrutiny is likely to increase. If the offered wage is at or near a wage level threshold, ensure documentation supports the level claimed. USCIS may compare the wage level on the registration with the LCA and the actual job duties.

Insufficient evidence of work. For petitions involving future projects or contract work, USCIS may request evidence that specific work assignments exist. Provide contracts, statements of work, or client letters confirming the work.

H1B visa costs and fees

H-1B visa costs have increased significantly, especially after the September 2025 Presidential Proclamation. Here's the current fee structure:

Government filing fees (paid by employer)

The $100,000 Presidential Proclamation

On September 19, 2025, the President issued a Proclamation requiring an additional $100,000 payment for certain H-1B petitions. This applies to new H-1B petitions filed on or after September 21, 2025, for beneficiaries who are outside the United States and do not have a valid H-1B visa, petitions requesting consular notification, and petitions requesting change of status where the alien is ineligible.

The Secretary of Homeland Security may grant waivers in rare circumstances where the hiring serves the U.S. national interest.

Litigation status: The $100,000 fee is subject to active legal challenges in federal courts. As of February 2026, the fee remains in effect. Employers should monitor the USCIS H-1B Specialty Occupations page for the latest guidance.

Premium processing (optional)

Employers can request premium processing by filing Form I-907 along with the petition. USCIS guarantees an initial response within 15 business days.

Premium processing can be paid by the employee if the service is primarily for their benefit and does not reduce their salary below the required prevailing wage level. All other filing fees must be paid by the employer.

H1B visa duration and extensions

Initial period of stay

H-1B status is generally granted for an initial period of up to three years. If you own more than 50% of the petitioning company or have majority voting rights, your initial approval will be limited to 18 months.

Extensions

You can extend your H-1B status in increments of up to three years at a time, for a maximum total of six years in H-1B status.

The 240-day rule: If your employer files an extension petition before your current H-1B status expires, you can continue working for up to 240 days while the extension is pending, even if your I-94 expiration date passes.

The 240-day period begins the day after your I-94 expires, not the day the extension is filed.

Beyond six years (AC21 extensions)

AC21 Section 104(c) - I-140 approved but visa unavailable. If you have an approved employment-based immigrant visa petition (I-140) but cannot get your green card due to per-country visa backlogs, you can receive H-1B extensions in three-year increments until a final decision is made on your green card application.

AC21 Section 106(a) - PERM or I-140 pending for 365+ days. If at least 365 days have passed since your employer filed a PERM labor certification or I-140 petition on your behalf, you can receive H-1B extensions in one-year increments while your green card process continues.

These provisions are particularly important for nationals of India and China, who often face multi-year backlogs in the EB-2 and EB-3 green card categories.

One of the most important features of the H-1B is portability. If you want to change employers, you don't have to wait for the new petition to be approved before starting work.

Changing H1B employers

One of the most important features of the H-1B is portability. If you want to change employer, you don't have to wait for the new petition to be approved before starting work.

H1B portability rules

Under the H-1B portability provisions, you can begin working for a new H-1B employer as soon as the new employer properly files a non-frivolous Form I-129 petition on your behalf, or the requested start date on the petition, whichever is later.

To be eligible for portability: you must not have been employed without authorization since your last admission to the U.S., and the new petition must be filed before your current H-1B period expires.

Grace period after job loss

If you're laid off, fired, quit, or otherwise cease employment with your H-1B employer, you have up to 60 consecutive days (or until the end of your authorized validity period, whichever is shorter) to find new H-1B employment, change to another nonimmigrant status, or depart the United States.

H1B dependents: H4 visa

Your spouse and unmarried children under 21 can accompany you to the U.S. in H-4 dependent status.

H-4 work authorization

Certain H-4 spouses can apply for an Employment Authorization Document (EAD) and work for any U.S. employer. To qualify, the H-1B principal must be the beneficiary of an approved I-140 immigrant visa petition, or have been granted H-1B status beyond the six-year limit based on pending green card processing.

The H-4 EAD allows unrestricted employment. Your spouse can work for any employer, change jobs freely, and doesn't need employer sponsorship.

H1B to green card

The H-1B is a dual-intent visa, meaning you can hold H-1B status while also pursuing lawful permanent residence (a green card). This is one of the H-1B's key advantages over some other nonimmigrant work visas, such as the TN visa or E-3 visa, which traditionally do not allow dual intent.

Employment-based green card process

The most common path from H-1B to green card is through employer sponsorship:

Step 1: PERM Labor Certification - Your employer files a PERM application with the Department of Labor to demonstrate that no qualified U.S. workers are available for your position.

Step 2: I-140 Immigrant Visa Petition - After PERM approval, your employer files Form I-140 with USCIS to classify you under an employment-based category (typically EB-2 or EB-3).

Step 3: Adjustment of Status or Consular Processing - When your priority date becomes current (meaning a visa is available), you can file Form I-485 to adjust status to permanent resident (if in the U.S.) or go through consular processing abroad.

The timeline varies significantly based on your country of birth. Nationals of India and China often face multi-year backlogs in the EB-2 and EB-3 categories due to per-country visa limits.

Find H1B sponsoring employers

Looking for companies that sponsor H-1B visas? The right employer makes all the difference. Not every company is willing to navigate the costs and complexity of H-1B sponsorship, especially with the new $100,000 proclamation fee for workers outside the U.S.

Migrate Mate aggregates over 500,000 jobs from employers with a track record of visa sponsorship. Filter by visa type, location, and industry to find opportunities that match your background.

Frequently asked questions