Changes to the “lottery” will favor higher-paid foreign nationals seeking US employment
The FY2027 H-1B Cap registration period — 12 PM EST on March 4, 2026, until 12 PM on March 19, 2026 — will be different this year. This registration period will be the first time the administration’s “weighted” selection process will be used, as well as the requirement of a $100,000 payment for certain new H-1B petitions.
For employers seeking foreign talent to meet specialized needs, the H-1B visa program has been the primary immigration tool they use for achieving that goal. These changes represent a dramatic shift in the program’s history and reflect the broader efforts of the Trump administration to reform nonimmigrant visa categories to favor higher-skilled and higher-paid foreign nationals seeking employment in the United States.
Many sponsoring employers and their attorneys have raised concerns that these changes will disproportionately adversely affect startups, small businesses, nonprofit organizations, and other entities that depend on specialized foreign talent to compete globally.
The H-1B Process
Each fiscal year, the United States Congress allocates 85,000 total H-1B visas — 65,000 under the regular H-1B cap and 20,000 additional visas reserved for those applicants who have earned a master’s degree or higher. If you are new to the process, it’s highly recommended that you consult with an experienced immigration attorney for guidance.
Prior to registration, the employer must create an account with the United States Citizenship and Immigration Services (USCIS) — see myUSCIS.gov — to participate. All new H-1B registrations must be submitted electronically during the March 4-19, 2026 window.
This year, when registering each petition, the employer must provide:
- Employer’s name, federal identification number, and address
- Employer’s contact details
- Employer’s attorney
- Foreign national’s full name, date of birth, country of birth, country of citizenship, gender, and passport number
- Foreign national’s wage level information. The wage level will depend on the occupational classification for the proposed H-1B role, the worksite address, and the offered wage.
Under the new rules, registrations for jobs with higher wage levels will have a better chance of being selected than those with lower wage levels.
- Level IV – four entries
- Level III – three entries
- Level II – two entries
- Level I – one entry
Wage levels are determined by finding the correct code for the job category through the Bureau of Labor Statistics (BLS) and comparing the offered wage to the usual wage for that role. If the same foreign national has multiple registrations at different wage levels, UCIS will use the lowest wage level for the weighting. According to the UCIS, this is to prevent employers from gaming the system by inflating wages.
The work location is another factor in wage determination. The selection process is based on the prospective employee’s work location, not the company’s headquarters, because H-1B employees earn more in some cities than others, even for the same job. Under the new weighted selection process, working in multiple locations could require the petitioner to be placed in the lowest wage level among these locations for selection purposes. If the job location is truly remote, the petitioner’s remote location controls the wage level.
Fees
During the registration period, employers seeking to sponsor an H-1B visa recipient must pay a $215 registration fee for each H-1B petition. This fee is nonrefundable and is paid through the pay.gov portal.
According to a presidential proclamation issued on September 19, 2025, some selected petitioners may be required to pay an additional $100,000 fee as a condition of their selection. If the petitioner is in the US and seeking to change their status, the $100,000 fee will not need to be paid. However, if the petitioner is applying to obtain the visa through a consulate in a foreign country, the fee will apply. This requirement does not affect the registration process itself, but it could significantly affect an employer’s planning for FY2027 and FY2028 filings.
Planning Ahead
It will be interesting to see how this new process affects the FY2027 H-1B Cap registration process this year, and we’ll be looking for further USCIS guidance and updates in the coming weeks.
It’s not too early to start thinking about the FY2028 registration period. If you are an employer who depends upon foreign nationals to meet critical operational needs — particularly hospitals, universities, and tech firms — you may be facing new legal and operational risks in the months ahead. If you have any questions about these recent changes in the H-1B visa process — or any other employment-based immigration regulations — don’t hesitate to contact Orr & Reno for assistance.
