It is H-1B lottery time, so we are checking in to see if you have any candidates the company
wants to sponsor for an H-1B petition. If so, we can send you information about this year’s H-1B
lottery.

Not All H-1B Petitions Subject to $100,000 Fee

The $100,000 fee does NOT apply to H-1B change of status petitions that are subject to the
lottery (e.g., individuals in F-1 status in the United States who apply to change status to H-1B).

In September 2025, President Trump issued a Proclamation, requiring a $100,000 fee in
connection with new H-1B petitions filed for individuals outside of the United States. On
December 23, 2025, a federal district court upheld the $100,000 fee. An appeal has been filed,
and two additional lawsuits remain pending. The fee is subject to change.

Individuals who may benefit from being in H-1B status include:

• Recent college and university graduates employed in F-1 optional practical training
(OPT) or science, technology, engineering, or mathematics (STEM) OPT
• F-1 students working in Curricular Practical Training (CPT)
• Interns or trainees employed in J-1 status
• Candidates in another nonimmigrant status (e.g., L-1B) who are approaching the
maximum limit of their status and would benefit from a change of status to H-1B
• Candidates with H-4 or L-2 employment authorization who wish to become independent
of their spouse’s H-1B or L-1 status
• Candidates in another nonimmigrant status who work for a different employer and would
require an H-1B to change jobs
• Candidates in TN, E, or H-1B1 status for whom an employer is considering pursuing
permanent residence

Changes to H-1B Lottery Selection Process

On December 29, 2025, the U.S. Department of Homeland Security (DHS) published a new rule
that will increase the odds of selection for highly paid individuals and decrease the odds of
selection for lower paid individuals, including entry-level employees. The changes to the H-1B
lottery will take effect on February 27, 2026, in time for the upcoming H-1B lottery in March
2026. Previously, U.S. Citizenship and Immigration Services (USCIS) used a random
computerized selection process where the individual was entered only once into the lottery.

Impacts of the Rule

• Individuals assigned to the highest wage level will be entered into the lottery four times,
increasing their odds of selection to 61% (an increase of 107%).
• Individuals assigned to the second highest wage level will be entered into the lottery three
times, increasing their odds of selection to 46% (an increase of 55%).
• Individuals assigned to the third highest wage level will be entered into the lottery two
times, increasing their odds of selection to 31% (an increase of 3%).
• Individuals assigned to the lowest wage level will be entered into the lottery one time,
decreasing their odds of selection to 15% (a decrease of 48%).

• DHS has discretion to deny H-1B petitions if it determines the employer has made
improper attempts to increase their chance of selection. Employers should plan carefully
in advance of the H-1B lottery to ensure that the wage selections and lottery entries
withstand scrutiny under the new rule.

Timeline and Steps

1. Lottery Registration. Employers must first register each foreign national for whom it
would like to file an H-1B in the lottery offered by USCIS. The lottery registration period
will be open on March 4, 2026 and will close March 19, 2026. After the registration
period closes, USCIS will conduct the weighted selection process among the registrations
received.
2. Selection Notification. On or about April 1, 2026, employers will be notified via email
and through the portal if a foreign national was selected in the lottery. Keep in mind that
only 65,000 H-1B registrations will be selected from the lottery (an additional 20,000 are
available to those with U.S. master’s degrees). Last year, USCIS received 358,737 H-1B
registrations.
3. H-1B Petition Filing. If selected in the lottery, employers will have 90 days (by June 30,
2026) to submit an H-1B petition to USCIS. The H-1B petition will request a start date of
October 1, 2026.

Should you have any questions or need assistance with this year’s H-1B lottery, please do not
hesitate to contact us.