It is time for employers to turn their attention to the new H-1B cap season to begin efforts to secure H-1B visas for their foreign national professional employees and new hires, for an employment start date of Oct. 1, 2026. While the immigration service has not yet confirmed the exact dates, we expect H-1B cap lottery registration to begin in early March and remain open for a two-week period.

The H-1B program allocates 85,000 new visas each year—65,000 regular and 20,000 for U.S. master’s degree holders—through an electronic lottery because demand far exceeds supply. Each candidate can be entered only once, and employers must confirm the registration reflects a genuine job offer. U.S. Citizenship and Immigration Service (USCIS) monitors for fraud and misrepresentation, so careful compliance and early preparation are essential.

New weighted H-1B Cap Selection Process:

The Department of Homeland Security has issued a final rule introducing a weighted selection process for H‑1B cap registrations, effective Feb. 27, 2026, for the 2026 H-1B Cap season. Under this rule, USCIS will no longer conduct a purely random lottery; instead, registrations are weighted based on the offered wage’s Occupational Employment and Wage Statistics (OEWS) level, giving presumptively higher-skilled individuals greater odds of selection. Employers must provide the Standard Occupational Classification (SOC) code, work location, and offered wage information at registration, which must match the later filed petition by lottery winners. While lower-wage and entry-level roles remain eligible, their selection odds are reduced. Employers should carefully review compensation strategies, document wage levels, and plan early for their H‑1B cap filings.

$100,000 H-1B Fee:

The September 2025 Presidential Proclamation imposes a $100,000 fee for certain employees applying for an initial H‑1B visa outside the U.S. or who elect, or are required, to consular process their H-1B for activation. This fee does not apply to employees already in the U.S. in valid legal status, so long as they are approved for a change of status. As a result, employees already present in the U.S. should avoid international travel during this period or, at a minimum, carefully plan this with their counsel, as leaving the country could require consular processing and thus trigger the fee.

Employers with foreign national employees who may need H-1B sponsorship should contact the Taft Immigration team.