H-1B Visa 2026 Update: Deadlines, Eligibility, and $100,000 Fee Exceptions

The H-1B visa ^[1] remains one of the most important employment-based immigration options for skilled foreign professionals seeking to work in the United States. Each year, U.S. employers compete for a limited number of H-1B visas under a strict federal cap system administered by U.S. Citizenship and Immigration Services (USCIS).

There are only 65,000 H-1B visas available each year for individuals with a 4-year Bachelor’s Degree or its equivalent, and only an additional 20,000 H-1B visas, exclusively for individuals who received their postgraduate degree (Masters or Doctorate) from a U.S. university, for a total of 85,000.

Each year USCIS will receive between 274,237 (FY 2021—lowest number of registrations in recent years) and 780,884 (FY2024—highest number of registrations in recent years) ^[2] registrations to be considered for H-1B visas. There is a lottery system ^[3] to determine which registrant will be permitted to apply for an H-1B visa.

H-1B visa registrations are generally accepted by USCIS in March and the initial selections are usually notified by the 31^st of March each year. The distribution of H-1B visas are based upon a “Fiscal Year,” which begins on the 1^st of October each year.

For the 2026 H-1B registration season (FY 2027 cap), employers and foreign workers must be aware of:

• Updated electronic registration deadlines
• Exemptions to the $100,000.00 filing fee for certain petitions
• Eligibility requirements for specialty occupations
• Employer wage and compliance obligations

The H-1B visa process ^[1] is highly time-sensitive. Below, our Boston immigration attorneys break down what you need to know to prepare effectively and avoid costly mistakes.  If you would like help understanding your employment-based immigration options ^[4] schedule a consultation with one of our experienced employment immigration lawyers by calling: 617-303-2600 (ext. 0) or filling out our online appointment request form.

2026 H-1B Visa Registration & Filing Deadlines (for FY 2027)

FY 2027 (2026 Filing Cycle) Registration Window

• March 4 – March 19, 2026: USCIS opens the electronic registration period for the FY 2027 H-1B cap. Employers must have each prospective H-1B beneficiary registered through an USCIS online account during this window. Employers must:
  • Have an appropriate USCIS online account
  • Submit a registration for each prospective H-1B worker
  • Pay the required registration fee

Lottery Selection and H1-B Petition Filing

• USCIS typically notifies employers of lottery selections by March 31^st every year.
• H-1B Petition and the necessary supporting documents must be filed for selected candidates within 90 days of notice of their selection.
• After USCIS calculates the number of initial H-1B petitions that have been filed, additional candidates will periodically be selected until all 85,000 visas are distributed.

Work Start Date

• October 1, 2026: This is the earliest date approved H-1B workers under the cap may begin employment in the U.S. (for FY 2027 petitions), as the visa technically becomes available on the 1^st day of the “Fiscal Year.”

Because demand routinely exceeds supply for H-1b visas, early preparation and accuracy are critical.  Missing any of these deadlines can mean losing an opportunity for the entire year.

What Is an H-1B Specialty Occupation?

The H-1B visa category applies to positions classified as “specialty occupations ^[5].” Under federal regulations, 8 C.F.R. § 214.2(h)(1)(ii)(B)(1) ^[6], a specialty occupation is one that requires:

• Theoretical and practical application of specialized knowledge; and
• At least a bachelor’s degree or its equivalent in a specific field related to the job.

Common qualifying fields include:

• Engineering
• Computer science and information technology
• Mathematics and data science
• Architecture
• Accounting and finance
• Healthcare professions
• Research and higher education

Importantly, the degree must be directly related to the job duties. General degree requirements without specialization may not qualify.

Who is the H-1b Visa for?

Eligibility for the H-1b Visa depends on both the position and the qualification of the foreign professional.

Job Must Qualify as a Specialty Occupation

To qualify, the evidence must demonstrate that:

• A bachelor’s degree or its equivalent in a specific specialty is normally required for entry into the role;
• The degree requirement is common in the industry; or
• The position’s duties are so specialized and complex that they require such a degree.

Worker Must Meet Educational Requirements

The foreign national must possess:

• A U.S. bachelor’s degree (or higher) in the relevant specialty;
• A foreign degree equivalent to a U.S. bachelor’s degree; or
• Education and/or progressive work experience equivalent to the required degree.

Credential evaluations are often necessary for foreign degrees.  More on H1b visa documentation required, employer responsibilities and frequently asked questions ^[1].

Employer Sponsorship Is Required

H-1b visas require a U.S. employer sponsorship.  An individual can only self-petition for an H-1B visa, if they are an owner of the business that is filing the visa petition.  Specifically, a U.S. employer must:

• Offer a qualifying job that pays the prevailing wage for that specific job in the location where it will be performed.
• File the Labor Condition Application (LCA)
• Submit Form I-129 to USCIS

How the New USCIS H-1B Visa Selection Process Works

The traditional H-1B visa lottery has been overhauled for the FY 2027 cap season, with U.S. Citizenship and Immigration Services (USCIS) replacing pure random selection with a wage-based weighted system that prioritizes higher-paid, higher-skilled roles.

Key Changes to the H-1B Cap Selection Process

1. Weighted Selection Instead of Random Lottery

USCIS will no longer use a completely random lottery when registrations exceed the annual cap. Instead, each registration will be “rated” and then “weighted” when placed into the selection pool based on the wage level of the position offered, meaning registrations for positions with higher wages will have an increased chance of being selected.

2. Wage Levels Drive Odds of Selection

• USCIS will use prevailing wage categories (Level I–IV).
• Positions with higher wage levels will be “weighted” more when placed into the lottery pool (e.g., a Wage Level IV position may be four times more likely to be selected vs. a Wage Level I position).
• This wage-weighted selection model makes it more likely that high-wage, specialized positions will be selected, while still allowing entry-level roles to be eligible.

3. H1-b Caps will Remain the Same

The annual H-1B visa cap still includes:

• 65,000 regular visas
• 20,000 visas for holders of an advanced degrees (Master’s or Doctorate) from a U.S. university

USCIS will continue to adhere to these numerical limits even as the selection method has changed.

What the 2026 H-1b Visa Process Changes Mean for Employers & Applicants

• Employers should consider carefully the position, which is being offered, to maximize the Wage Level in order to improve their odds of being selected.
• Foreign professionals with higher-pay job offers and advanced skills will generally have better chances of being selected under the cap.
• Although all wage levels remain eligible, the policy clearly rewards higher wage levels with improved selection probability.

Whether you are an employer building a global workforce or a professional pursuing U.S. career opportunities, we are here to guide and assist at every step.  Our dedicated H-1b visa lawyers will assess employment credentials, review the employment offer, and develop a clear strategy tailored to your case.

📞 Call now to schedule an appointment with one of our H-1 visa attorneys ^[7] at 617-303-2600 (ext. 0) or Submit an inquiry online to book your H-1B visa consultation ^[8]

The New $100,000.00 H-1B Fee: What Employers Must Know

One of the most significant changes affecting recent H-1B filings is the introduction of a $100,000.00 fee for certain cap-subject petitions, after the effective date of September 21, 2025. This is separate from standard USCIS filing fees and other statutory H-1B fees.

Understanding who must pay the $100,000.00 H-1B fee is critical for both employers and prospective H-1B workers.

When is the $100,000.00 H-1b Fee Required?

The $100,000.00 H-1B visa fee ^[9] is required in specific situations, according to the “Presidential Proclamation on Restriction on Entry of Certain Nonimmigrant Workers,” involving workers who must obtain their H-1B status from outside the United States. Such as when:

• The petition requests consular processing, port-of-entry notification, or pre-flight inspection for the beneficiary who does not have a valid H-1B visa already.
• A petition filed as a change of status, amendment, or extension of stay is denied by USCIS, and the worker is instructed to apply for the H-1B visa abroad.

This can happen if:

• The beneficiary failed to maintain valid immigration status in the U.S.
• The beneficiary departed the United States before USCIS approved the pending petition.
• USCIS rejects the request for a change or extension for procedural or status-related reasons.

In these cases, the H-1B must be obtained through consular processing, triggering the $100,000.00 entry-based fee.

When is the $100,000.00 H-1B Fee Not Required?

Not all H-1B filings are subject to the new surcharge. The additional $100,000.00 fee is not required in the following cases:

• The petition was filed before September 21, 2025.
• The worker already holds valid H-1B status or an H-1B visa (for example, when transferring employers, etc.)
• USCIS approves a change of status, amendment, or extension of stay filed within the U.S. — even if the filing occurred on or after September 21, 2025, including:
  • H-1B extensions for workers already in valid H-1B status
  • Change-of-employer petitions (H-1B transfers)
  • Amendments to existing H-1B petitions
  • Petitions to change status to an H-1b visa within the United States (for example, a change of status petition from F-1 to H-1b)
• Certain cap-exempt employers (such as qualifying institutions of higher education and nonprofit research organizations)

Importantly, if a worker later travels abroad to obtain a visa stamp based on an already approved H-1B petition, the $100,000.00 fee may not apply.

Employers should verify exemption eligibility carefully, as improper fee submission may result in rejection or delay.

National Interest Exception to the $100,000.00 H-1B Fee

The Secretary of Homeland Security may grant a national interest exemption from the $100,000.00 H-1B fee if all of the following criteria are met:

• The worker’s employment serves the national interest of the United States.
• No qualified U.S. worker is available for the position.
• The beneficiary does not pose a threat to U.S. security or public welfare.
• Requiring the employer to pay the $100,000.00 fee would significantly harm U.S. interests.

Requests for exemption must be submitted to DHS before filing the H-1B petition, along with supporting documentation, through the designated DHS process.

Because the $100,000.00 H-1B visa fee depends largely on whether the petition requires consular processing or overseas visa issuance, employers should carefully evaluate filing strategy to avoid unexpected costs and compliance issues.  Call: 617-303-2600 (ext.0) to request a consultation with one of our experienced H-1b Visa Lawyers or fill out our online appointment request. ^[8]

Strategic Considerations for 2026 H-1B Filings

With heightened scrutiny and increased fees, strategic planning is more important than ever.

For Employers:

• Prepare registration materials early
• Review wage data early to avoid LCA delays
• Confirm whether the $100,000.00 fee applies
• Maintain strict compliance documentation

For Foreign Professional H-1b Visa Applicants:

• Confirm your degree aligns directly with the offered role
• Prepare credential evaluations early
• Maintain lawful status while awaiting lottery results
• Coordinate closely with your employer on timing

How FitzGerald Law Company Can Help

At FitzGerald Law Company in Boston, our business immigration attorneys ^[4] provide comprehensive H-1B representation for employers and skilled professionals across Massachusetts and nationwide.

Our skilled immigration attorneys assist with:

• H-1B lottery registration and petition filing
• Fee analysis and exemption review
• LCA compliance and wage analysis
• H-1B transfers and extensions
• Cap-exempt H-1B strategy

Schedule Your H-1B Visa Consultation Today

Have questions about H-1B eligibility or the application process? Our experienced employment immigration lawyers ^[4] are here to help. We will review your background, evaluate your job offer, and guide you through every step of the H-1B process.

📞 Call us at (617) 303-2600 (ext.0) or
📩 Contact us online ^[8] to schedule a consultation with one of our H-1b attorneys.