Everything you need to know about the H-1B visa in 2026, including lottery changes, wage-based selection, fees, and processing times.
Everything you need to know about the H-1B visa in 2026, including lottery changes, wage-based selection, fees, and processing times.
The H-1B visa is a nonimmigrant work visa for specialty occupation workers with a bachelor's degree or equivalent. The annual cap is 85,000 visas (65,000 regular plus 20,000 for U.S. master's degree holders). The FY2026 lottery registration period typically opens in March. The Form I-129 filing fee is $1,055 plus $600 Asylum Program Fee, $500 fraud prevention fee, and $750-$1,500 ACWIA training fee. Premium processing costs $2,805 ($2,965 after March 1, 2026) for a 15 business day decision.
The H-1B annual cap is 85,000 visas: 65,000 regular cap plus 20,000 for U.S. master's degree holders.
USCIS introduced wage-based selection changes affecting how lottery selections are prioritized.
Electronic registration costs $215 per registration during the lottery window (typically March).
The I-129 filing fee is $1,055 plus $600 Asylum Program Fee, $500 anti-fraud fee, and $750-$1,500 ACWIA training fee.
Premium processing costs $2,805 ($2,965 after March 1, 2026) for 15 business day adjudication.
A $100,000 Presidential Proclamation fee was introduced in September 2025 for new H-1B petitions.
H-1B is valid for 3 years initially, extendable to 6 years, with further extensions possible if a green card is in process.
The H-1B annual cap is 85,000 visas: 65,000 regular cap plus 20,000 for U.S. master's degree holders.
USCIS introduced wage-based selection changes affecting how lottery selections are prioritized.
Electronic registration costs $215 per registration during the lottery window (typically March).
The I-129 filing fee is $1,055 plus $600 Asylum Program Fee, $500 anti-fraud fee, and $750-$1,500 ACWIA training fee.
Premium processing costs $2,805 ($2,965 after March 1, 2026) for 15 business day adjudication.
A $100,000 Presidential Proclamation fee was introduced in September 2025 for new H-1B petitions.
H-1B is valid for 3 years initially, extendable to 6 years, with further extensions possible if a green card is in process.
The H-1B is a nonimmigrant work 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 a body of highly specialized knowledge, and typically requires at least a bachelor's degree in a specific field. The H-1B is governed by Section 101(a)(15)(H)(i)(b) of the INA and 8 CFR 214.2(h).
The H-1B is the most widely used work visa in the United States, with hundreds of thousands of active H-1B holders at any given time. It is a dual-intent visa, meaning holders can pursue permanent residency (green card) without jeopardizing their H-1B status.
Learn more about the H-1B visa
65,000 visas for the regular cap
20,000 additional visas for beneficiaries with a U.S. master's degree or higher
Total: 85,000 cap-subject visas per fiscal year
The following employers are exempt from the annual cap:
Institutions of higher education
Nonprofit research organizations
Government research organizations
Nonprofit entities related to or affiliated with institutions of higher education
Registration period: Typically opens in early March for 2-3 weeks
Registration fee: $215 per beneficiary
One registration per beneficiary: USCIS implemented beneficiary-centric selection to prevent multiple registrations
Lottery selection: USCIS conducts random selection from registered beneficiaries
Filing window: Selected registrants have 90 days to file the complete I-129 petition
Selection rate: Approximately 25-30% in recent cycles due to high demand
USCIS has introduced changes to prioritize wage levels in the H-1B selection process. Higher-wage petitions receive priority in the selection, designed to ensure H-1B visas go to the most skilled and highly compensated workers. This system uses DOL wage levels (Level I through Level IV) as a factor in selection priority.
Must hold at least a U.S. bachelor's degree (or foreign equivalent) in a field related to the specialty occupation
Alternative: A combination of education and progressive work experience equivalent to a bachelor's degree
Must be qualified to perform the specialty occupation duties
Must file a Labor Condition Application (LCA) with the Department of Labor before filing the I-129
Must pay the prevailing wage or actual wage (whichever is higher)
Must attest to working conditions
Must post notice of the LCA filing at the worksite
The position must meet at least one of these criteria:
A bachelor's degree (or higher) in a specific specialty is normally the minimum entry requirement
The degree requirement is common in the industry for parallel positions
The employer normally requires a degree for the position
The duties are so specialized and complex that knowledge required is usually associated with a degree
Certified LCA from the Department of Labor
Detailed job description showing specialty occupation nature
Evidence of employer's ability to pay the offered wage
Organizational chart showing the position
Evidence of employer's business operations
Educational credentials (degree, transcripts)
Credential evaluation for foreign degrees
Resume documenting relevant experience
Professional licenses or certifications (if applicable)
Copies of prior U.S. visa stamps and I-94
Step 1: Employer creates a USCIS online account and registers during the registration period ($215). Step 2: If selected in the lottery, employer files an LCA with the Department of Labor (5-10 business days processing). Step 3: Employer files Form I-129 with USCIS within 90 days of selection notification. Step 4: USCIS adjudication (3-8 months standard, 15 business days premium). Step 5: If approved and the worker is abroad, attend a visa interview at a U.S. consulate. Step 6: Enter the U.S. and begin work on October 1 (the start of the fiscal year) or later.
Item | Cost / Timeline |
|---|---|
Registration fee | $215 |
Form I-129 filing fee | $1,055 ($530 for small employers) |
Asylum Program Fee | $600 ($300 for small employers) |
Anti-fraud fee | $500 (initial petitions only) |
ACWIA training fee | $750 (small employers) or $1,500 (25+ employees) |
Presidential Proclamation fee | $100,000 (new petitions filed after Sept 21, 2025) |
Premium processing | $2,805 ($2,965 after March 1, 2026) |
Standard processing time | 3-8 months |
Premium processing time | 15 business days |
H-1B initial duration | 3 years |
Maximum duration | 6 years (extensions possible with green card pending) |
Note: The $100,000 Presidential Proclamation fee was introduced in September 2025 for new H-1B petitions. Certain exemptions may apply. Consult a licensed immigration attorney for the latest requirements.
Source: USCIS Form I-129
Feature | H-1B | O-1A |
|---|---|---|
Annual Cap | 85,000 (lottery) | No cap |
Lottery Required | Yes | No |
Degree Required | Bachelor's minimum | No |
Evidence Standard | Specialty occupation | Extraordinary ability (3 of 8 criteria) |
Total Filing Fees | $2,855-$3,655+ (before Proclamation fee) | $1,655 |
Presidential Proclamation Fee | $100,000 (new petitions) | N/A |
Premium Processing | 15 business days ($2,805) | 15 business days ($2,805) |
Initial Duration | 3 years | Up to 3 years |
Maximum Duration | 6 years | Unlimited extensions |
Dual Intent | Yes | Not formally, but green card pursuit allowed |
Path to Green Card | EB-2/EB-3 (requires PERM) | EB-1A, EB-2 NIW (same evidence) |
Best For | Specialty workers with degrees | Top achievers with extraordinary ability |
Learn more about the O-1A visa
USCIS has increased scrutiny on whether positions truly require a specific degree. Generic job descriptions that could apply to non-degree holders lead to denials.
The worker's degree must be directly related to the specialty occupation. A general business degree for a highly technical role may not satisfy the requirement.
The LCA must be filed and certified before the I-129. Errors in the LCA (wrong wage level, wrong work location) can result in denial.
USCIS's beneficiary-centric system detects and invalidates duplicate registrations. Attempting to file through multiple employers can result in all registrations being denied.
Disclaimer: OpenSphere is not a law firm and does not provide legal advice. This article is for informational purposes only and should not be considered legal counsel. Immigration laws change frequently; always consult with a licensed immigration attorney for advice specific to your situation.
Not sure which visa is right for you? Take OpenSphere's free visa evaluation to get a personalized recommendation in minutes.
The H-1B is a nonimmigrant work 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 a body of highly specialized knowledge, and typically requires at least a bachelor's degree in a specific field. The H-1B is governed by Section 101(a)(15)(H)(i)(b) of the INA and 8 CFR 214.2(h).
The H-1B is the most widely used work visa in the United States, with hundreds of thousands of active H-1B holders at any given time. It is a dual-intent visa, meaning holders can pursue permanent residency (green card) without jeopardizing their H-1B status.
Learn more about the H-1B visa
65,000 visas for the regular cap
20,000 additional visas for beneficiaries with a U.S. master's degree or higher
Total: 85,000 cap-subject visas per fiscal year
The following employers are exempt from the annual cap:
Institutions of higher education
Nonprofit research organizations
Government research organizations
Nonprofit entities related to or affiliated with institutions of higher education
Registration period: Typically opens in early March for 2-3 weeks
Registration fee: $215 per beneficiary
One registration per beneficiary: USCIS implemented beneficiary-centric selection to prevent multiple registrations
Lottery selection: USCIS conducts random selection from registered beneficiaries
Filing window: Selected registrants have 90 days to file the complete I-129 petition
Selection rate: Approximately 25-30% in recent cycles due to high demand
USCIS has introduced changes to prioritize wage levels in the H-1B selection process. Higher-wage petitions receive priority in the selection, designed to ensure H-1B visas go to the most skilled and highly compensated workers. This system uses DOL wage levels (Level I through Level IV) as a factor in selection priority.
Must hold at least a U.S. bachelor's degree (or foreign equivalent) in a field related to the specialty occupation
Alternative: A combination of education and progressive work experience equivalent to a bachelor's degree
Must be qualified to perform the specialty occupation duties
Must file a Labor Condition Application (LCA) with the Department of Labor before filing the I-129
Must pay the prevailing wage or actual wage (whichever is higher)
Must attest to working conditions
Must post notice of the LCA filing at the worksite
The position must meet at least one of these criteria:
A bachelor's degree (or higher) in a specific specialty is normally the minimum entry requirement
The degree requirement is common in the industry for parallel positions
The employer normally requires a degree for the position
The duties are so specialized and complex that knowledge required is usually associated with a degree
Certified LCA from the Department of Labor
Detailed job description showing specialty occupation nature
Evidence of employer's ability to pay the offered wage
Organizational chart showing the position
Evidence of employer's business operations
Educational credentials (degree, transcripts)
Credential evaluation for foreign degrees
Resume documenting relevant experience
Professional licenses or certifications (if applicable)
Copies of prior U.S. visa stamps and I-94
Step 1: Employer creates a USCIS online account and registers during the registration period ($215). Step 2: If selected in the lottery, employer files an LCA with the Department of Labor (5-10 business days processing). Step 3: Employer files Form I-129 with USCIS within 90 days of selection notification. Step 4: USCIS adjudication (3-8 months standard, 15 business days premium). Step 5: If approved and the worker is abroad, attend a visa interview at a U.S. consulate. Step 6: Enter the U.S. and begin work on October 1 (the start of the fiscal year) or later.
Item | Cost / Timeline |
|---|---|
Registration fee | $215 |
Form I-129 filing fee | $1,055 ($530 for small employers) |
Asylum Program Fee | $600 ($300 for small employers) |
Anti-fraud fee | $500 (initial petitions only) |
ACWIA training fee | $750 (small employers) or $1,500 (25+ employees) |
Presidential Proclamation fee | $100,000 (new petitions filed after Sept 21, 2025) |
Premium processing | $2,805 ($2,965 after March 1, 2026) |
Standard processing time | 3-8 months |
Premium processing time | 15 business days |
H-1B initial duration | 3 years |
Maximum duration | 6 years (extensions possible with green card pending) |
Note: The $100,000 Presidential Proclamation fee was introduced in September 2025 for new H-1B petitions. Certain exemptions may apply. Consult a licensed immigration attorney for the latest requirements.
Source: USCIS Form I-129
Feature | H-1B | O-1A |
|---|---|---|
Annual Cap | 85,000 (lottery) | No cap |
Lottery Required | Yes | No |
Degree Required | Bachelor's minimum | No |
Evidence Standard | Specialty occupation | Extraordinary ability (3 of 8 criteria) |
Total Filing Fees | $2,855-$3,655+ (before Proclamation fee) | $1,655 |
Presidential Proclamation Fee | $100,000 (new petitions) | N/A |
Premium Processing | 15 business days ($2,805) | 15 business days ($2,805) |
Initial Duration | 3 years | Up to 3 years |
Maximum Duration | 6 years | Unlimited extensions |
Dual Intent | Yes | Not formally, but green card pursuit allowed |
Path to Green Card | EB-2/EB-3 (requires PERM) | EB-1A, EB-2 NIW (same evidence) |
Best For | Specialty workers with degrees | Top achievers with extraordinary ability |
Learn more about the O-1A visa
USCIS has increased scrutiny on whether positions truly require a specific degree. Generic job descriptions that could apply to non-degree holders lead to denials.
The worker's degree must be directly related to the specialty occupation. A general business degree for a highly technical role may not satisfy the requirement.
The LCA must be filed and certified before the I-129. Errors in the LCA (wrong wage level, wrong work location) can result in denial.
USCIS's beneficiary-centric system detects and invalidates duplicate registrations. Attempting to file through multiple employers can result in all registrations being denied.
Disclaimer: OpenSphere is not a law firm and does not provide legal advice. This article is for informational purposes only and should not be considered legal counsel. Immigration laws change frequently; always consult with a licensed immigration attorney for advice specific to your situation.
Not sure which visa is right for you? Take OpenSphere's free visa evaluation to get a personalized recommendation in minutes.
Frequently Asked Questions
What is the H-1B lottery selection rate in 2026?
The selection rate has been approximately 25-30% in recent lottery cycles due to high demand. USCIS typically receives 400,000-500,000+ registrations for 85,000 available cap-subject slots. The beneficiary-centric selection system prevents duplicate registrations, and wage-based selection changes may affect odds for different wage levels.
What is the H-1B lottery selection rate in 2026?
How much does the H-1B visa cost in 2026?
Base government fees include the $215 registration fee, $1,055 I-129 filing fee, $600 Asylum Program Fee, $500 fraud fee, and $750-$1,500 ACWIA training fee. The September 2025 Presidential Proclamation added a $100,000 fee for new H-1B petitions. Premium processing adds $2,805. Total employer cost ranges from approximately $103,000-$106,000 for new petitions with the Proclamation fee.
How much does the H-1B visa cost in 2026?
Can I change employers on an H-1B visa?
Yes. H-1B portability allows workers to begin employment with a new employer as soon as the new employer files a non-frivolous I-129 petition - without waiting for approval. The new employer must file their own H-1B petition and pay all applicable fees. H-1B transfers are not subject to the annual cap or lottery.
Can I change employers on an H-1B visa?
What happens if I am not selected in the H-1B lottery?
If not selected, consider alternative visa options. The O-1A visa has no cap or lottery and is available year-round for individuals with extraordinary ability. Other options include the L-1A (intracompany transfer), E-2 (treaty investor), or O-1B (arts). For a green card path, the EB-2 NIW and EB-1A allow self-petition without employer sponsorship.
What happens if I am not selected in the H-1B lottery?
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