H-1B Visa Rules and How the Lottery Works Now

What an H-1B Visa Is

An H-1B is a temporary work status that lets a U.S. employer hire a foreign professional for a job that requires at least a bachelor’s degree in a specific field. The employer, not the worker, applies. Each approval lasts up to 3 years and can be extended, with total time in H-1B status generally limited to 6 years (8 CFR 214.2).

Who Qualifies for an H-1B

A worker qualifies for an H-1B when a U.S. employer offers a job in a “specialty occupation” and the worker has the matching degree or its equivalent. USCIS defines a specialty occupation as one that requires highly specialized knowledge and at least a bachelor’s degree in a directly related field (USCIS).

The employer carries most of the obligations:

• A labor condition application. Before petitioning, the employer files one with the Department of Labor and gets it certified (USCIS).
• The wage floor. The employer must pay the higher of what it pays similar workers or the prevailing wage for the job in that area, and provide working conditions that do not hurt similarly employed workers (8 U.S.C. 1182(n)).
• The cap. New H-1Bs count against the annual cap. Jobs at universities, their affiliated nonprofits, and nonprofit or government research organizations are exempt (USCIS).

How the H-1B Lottery Works

When employers register more workers than the cap allows, USCIS picks by lottery, and since fiscal 2027 the lottery is weighted by the wage the employer offers. Under a DHS rule published December 29, 2025 and in effect February 27, 2026, each registration is placed at one of four government wage levels for its job and area, and higher levels get more entries (Federal Register).

Each worker still counts only once when USCIS projects how many selections it needs to fill the cap, no matter how many entries they have (Federal Register).

The wage levels themselves may rise. On March 27, 2026, the Department of Labor proposed raising the pay point behind each level. Level I would move from the 17th to the 34th percentile of local pay for the job. Level IV would move from the 67th to the 88th. Comments closed May 26, 2026, and no final rule had been published by October 14, 2026 (Federal Register).

From registration to an H-1B start date

1. 1 Registration period Employer registers the worker An online registration costs $215 per worker for fiscal 2027. The period runs at least 14 days.
2. 2 After registration closes USCIS runs the weighted lottery If registrations exceed the cap, USCIS selects by weighted random draw.
3. 3 Before filing Labor condition application The employer gets a certified wage attestation from the Department of Labor.
4. 4 Filing window Employer files the petition Form I-129 with fees, filed no more than 6 months before the start date.
5. 5 October 1 or later The job starts Cap petitions for fiscal 2027 must list a start date of October 1, 2026, or later.

Sources: USCIS, H-1B Electronic Registration Process and H-1B Cap Season (last reviewed September 21, 2026). USCIS announces each year's registration dates.

H-1B Registrations by Year

Registrations peaked at 780,884 for fiscal 2024 and have fallen since, to 358,737 for fiscal 2026. In fiscal 2024, 54% of eligible registrations were for workers registered more than once. By fiscal 2026 that share was 2%, there were 1.01 registrations per worker, and eligible registrations fell 26.9% in a year (USCIS).

H-1B cap registrations and selections by fiscal year

Category	Value
FY 2021	274237
FY 2022	308613
FY 2023	483927
FY 2024	780884
FY 2025	479953
FY 2026	358737

Source: USCIS, H-1B Electronic Registration Process, historical data (last reviewed September 21, 2026). Selected: FY 2021 124,415; FY 2022 131,924; FY 2023 127,600; FY 2024 188,400; FY 2025 135,137; FY 2026 120,141. USCIS has not yet published fiscal 2027 totals; it said the fiscal 2027 cap was reached.

The share of eligible registrations selected rose from 24.8% in fiscal 2024 to 34.9% in fiscal 2026. The number of employers stayed about the same, roughly 57,600 for fiscal 2026 against 52,700 a year earlier (USCIS).

USCIS has not posted fiscal 2027 totals. The September 2026 proclamation says workers with at least a U.S. master’s degree made up 66.1% of fiscal 2027 registrants, up from 45.1% a year earlier. It says offers at the two highest wage levels won about 46.3% of selections and the lowest level 17.8% (Federal Register).

USCIS publishes approvals by employer in its H-1B Employer Data Hub.

The $100,000 H-1B Fee

The $100,000 H-1B payment is not being collected right now, because a federal court vacated the government’s policy for it and an appeals court refused to pause that ruling. Proclamation 10973, signed September 19, 2025, required the payment for many new H-1B petitions for workers outside the country, effective September 21, 2025 (Federal Register).

Where the H-1B Fee Fights Stand

As of October 14, 2026

• $100,000 payment (Proclamation 10973) Blocked by a court

  A federal court in Massachusetts vacated the policy that carries out the payment on June 8, 2026, and the First Circuit refused to pause that order on July 24. USCIS says DHS is complying while it considers next steps and still plans to collect the payment if the order is lifted. (source)

• Extension of the payment to September 2027 (Proclamation 11069) Agency action

  Signed September 18, 2026. It extends the restriction for 12 more months, while the court order against the implementing guidance stands. (source)

• Chamber of Commerce v. DHS In litigation

  A federal judge in Washington upheld the proclamation on December 23, 2025. The D.C. Circuit heard the appeal on March 9, 2026, and had not ruled as of October 6. (source)

• $103,265 fee on every H-1B cap petition (proposed rule) Proposal

  DHS proposed it on August 25, 2026. Public comments closed September 24. (source)

• Weighted H-1B lottery Law

  Final rule in effect February 27, 2026, first used for fiscal 2027 registrations. (source)

• Higher prevailing wage levels (Labor Department proposed rule) Proposal

  Proposed March 27, 2026, to raise the pay floor at each of the four wage levels. Comments closed May 26; no final rule had been published by October 14. (source)

• 9-11 Biometric Fee on H-1B and L-1 extensions Law

  A DHS final rule makes covered employers (50 or more U.S. employees, more than half in H-1B or L status) pay the fee on all extension petitions, effective September 9, 2026. (source)

Source: USCIS; Federal Register; D.C. Circuit docket (CourtListener).

The courts have split. In Chamber of Commerce v. DHS, a federal judge in Washington upheld the proclamation on December 23, 2025, and the Chamber appealed (U.S. Chamber). The D.C. Circuit heard the appeal on March 9, 2026, and had not ruled as of October 6 (court docket).

In State of California v. Mullin, a suit by 20 states, a federal judge in Massachusetts ruled on June 8, 2026, that the payment “is a tax.” The law letting the president restrict entry does not cover taxes, the judge wrote: “Taxes are not ‘restrictions.’” The court declared the policy carrying out the proclamation unlawful and vacated it “in its entirety” (Memorandum and Order). On July 24, a three-judge First Circuit panel denied the government’s request to pause that ruling during its appeal (First Circuit order), and USCIS said DHS would comply (USCIS).

Two more actions followed in August and September. Proclamation 11069, signed September 18, 2026, extends the restriction to September 21, 2027 and says employers paid the $100,000 on “over 700 petitions” in its first year (Federal Register). Separately, DHS proposed a $103,265 fee on every H-1B cap petition, set by regulation rather than proclamation. Comments closed September 24, 2026 (Federal Register).

The H-1B Debate

The fight over H-1B is about whether it fills skill gaps or undercuts American workers, and both sides point to wages.

• The administration’s case. The 2026 proclamation says some employers, “including information technology (IT) staffing and outsourcing firms,” have used the program to “suppress wages and displace American workers” (Federal Register). DHS says the weighted lottery will “generally favor the allocation of H-1B visas to higher-skilled and higher-paid aliens” (Federal Register).
• The challengers’ case. The U.S. Chamber of Commerce argues the law requires visa fees to be “based on the costs incurred by the government in processing visas,” not set by proclamation. The Association of American Universities joined its suit (U.S. Chamber). The 20 states in the Massachusetts case argued that the payment hurts their ability to staff public colleges, schools and health systems, and the district court found that it does (First Circuit order).

If the H-1B rules affect you

You are an H-1B worker inside the U.S.

1. An extension, amendment or change of status granted inside the U.S. was never subject to the payment.
2. Keep copies of your approval notices and pay records.
3. Ask your employer before any international trip whether a new visa stamp is needed.

USCIS says the proclamation does not apply to petitions for workers inside the country who are granted an extension, amendment or change of status.

Your employer registered you for the lottery

1. Ask which wage level your offer falls in, since it sets your number of entries.
2. Confirm your registration status in the employer's USCIS account.
3. Keep your degree and transcript records ready for the petition.

You are a U.S. worker who believes an H-1B employer broke the rules

1. Write down dates, job titles and pay you know of.
2. File a complaint with the Department of Labor's Wage and Hour Division.
3. Talk with a lawyer or your union about retaliation protections.

General information, not legal advice. Immigration rules change often; check USCIS and talk with an immigration lawyer.

H-1B Questions

What You Can Do

1. Follow the court cases. The fee’s status can change with one appeals ruling. Check the USCIS H-1B page for its current alert.
2. Tell Congress what you think the H-1B cap and wage rules should be. Only Congress can change the cap and set fees in law. Our letter-writing guide shows how.
3. Read the proposed $103,265 fee rule in the Federal Register and watch for the final rule.
4. Learn the wider picture in our guides to immigration enforcement powers and executive orders.