The H-1B visa program is essential for U.S. employers to recruit highly qualified foreign professionals for specialty occupations. Each fiscal year, the program is subject to an annual cap of 65,000 visas, with an additional 20,000 visas reserved under the master’s cap for beneficiaries who hold a higher degree, specifically a master’s or higher degree from a U.S. institution of higher education. For FY 2026 and beyond, the H-1B program is undergoing significant changes that directly affect how USCIS selects registrations and how much employers pay in government fees. A new rule has introduced important modifications to the H-1B process, reshaping both selection criteria and cost structures.
Understanding the updated selection process and revised fee structure is essential for employers and applicants to ensure successful H-1B filings. Here, we explain the latest H‑1B visa updates for 2026, timelines, costs, and how an immigration service firm can be vital for the applicants and employers.
New H-1B Selection Process for FY 2026
The Department of Homeland Security (DHS) has released a final rule that changes the random lottery selection process to a wage-based weighted selection system. This rule will take effect on February 27, 2026, and USCIS will apply it during the FY 2027 H-1B cap season. The following are the notable changes we have noticed:
Beneficiary-centric selection process:
USCIS now ties selection to the individual beneficiary and the wage level of the offered position, rather than to the number of registrations submitted by multiple employers.
Limits multiple registrations:
Under the previous system, filing multiple registrations for the same beneficiary could increase selection chances. The new process restricts this practice and promotes fairness and fraud prevention by ensuring USCIS considers each unique beneficiary appropriately.
Wage levels drive selection chances:
The system uses the U.S. Department of Labor’s four-tier wage level structure, with different numbers of lottery entries assigned based on wage level:
- Wage Level IV: 4 entries
- Wage Level III: 3 entries
- Wage Level II: 2 entries
- Wage Level I: 1 entry
Random selection from a weighted pool:
USCIS places all valid entries into a single selection pool. After the H-1B registration period closes, USCIS conducts a random selection from this pool to determine which registrations advance.
Greater transparency and integrity:
By prioritizing higher-paid and more specialized roles, the new system improves program integrity and discourages speculative or duplicate filings.
Increased importance of accurate wage data:
Employers and eligible applicants must now ensure wage information is accurate, compliant, and well-documented at the registration stage to avoid issues during selection and filing.
Key Registration and Filing Timeline for 2026
The H-1B registration process typically opens in March, with employers required to register their candidates by submitting electronic registrations during a limited window. Selection notifications are issued shortly after the registration period closes. Once selected, employers must file the full H-1B petition within the designated filing window.
Meeting these deadlines is critical. After the selection process, USCIS will notify selected employers electronically and provide an official notice confirming the beneficiary’s selection status. Selected registrants can then proceed to file their H-1B petitions within the designated registration period. Late or incomplete filings can result in automatic disqualification, regardless of selection. Early preparation of Labor Condition Applications, wage documentation, and beneficiary credentials is strongly recommended.
Registration Rules and Restrictions
The H-1B cap registration process follows strict rules to ensure fairness and protect the integrity of the H-1B program. Under current regulations, each beneficiary may have only one registration submitted on their behalf during the H-1B cap season. USCIS strictly prohibits multiple registrations for the same beneficiary, whether the same employer or different employers acting in coordination submit them, and USCIS will invalidate all associated registrations.
Employers participating in the H-1B cap registration must attest that they genuinely intend to file an H-1B petition for the beneficiary if USCIS selects the registration. USCIS opens the registration process only during a designated registration period, and the agency does not accept registrations submitted outside this window.
The Department of Homeland Security, through USCIS, closely monitors the process to detect and combat fraud activity, ensuring that the H-1B cap registration remains a fair opportunity for all eligible beneficiaries. Employers should carefully review all registration details and comply with all requirements to avoid disqualification and potential penalties.
Electronic Registration Process
The electronic registration process is a mandatory step for all H-1B cap submissions and is managed by USCIS as part of its immigration services. Employers must first create a USCIS online account, which serves as the central platform for preparing and submitting H-1B registrations. During the registration process, employers are required to provide detailed information about both the beneficiary—such as full name, date of birth, and country of citizenship—and the petitioning entity, including company name and address.
This streamlined electronic registration process allows employers to efficiently submit H-1B registrations and track their status. It also enables U.S. Citizenship and Immigration Services (USCIS) to manage the high volume of registrations submitted each year, reducing errors and improving overall process transparency. An electronic system ensures that all required information is captured accurately and that the registration process for the H-1B cap is as efficient as possible.
Updated H-1B Fees for FY 2026
Alongside selection changes, employers must prepare for updated and, in some cases, increased filing costs. Key government fees for H-1B petitions filed by employers include:
- Registration fee: $215 per registration (non-refundable)
- Base filing fee: Required with Form I-129
- Fraud Prevention and Detection fee: Applies to initial and change-of-employer petitions
- ACWIA training fee: Amount varies based on employer size
- Optional premium processing fee: For expedited adjudication
Most H-1B fees must be paid by the employer, not the employee. These costs can impact both employers and their employees seeking H-1B status.
Besides this, petitions filed for consular processing, rather than a change of status, may still be subject to a $100,000 supplemental fee, pending ongoing litigation. These costs can have a substantial financial impact, particularly on small and mid-sized employers.
What These Changes Mean for Employers
Employers have increased responsibilities to accurately register, including wage level classification. Accounting for higher total costs and for the workforce early is crucial. Mistakes, misrepresentations, or system manipulation may result in denials, fines, or future scrutiny.
Furthermore, an affiliated company submitting more than one petition for the same beneficiary without a bona fide business justification may be subject to penalties and increased scrutiny from immigration authorities.
Impact on H-1B Applicants and Foreign Professionals
For applicants, the new system directly ties selection chances to wage levels and overall job quality. As a result, beneficiaries should carefully evaluate job offers to ensure the position is bona fide and meets all H-1B eligibility criteria. In particular, recent graduates face heightened scrutiny and must confirm that their job offers fully comply with program requirements and are supported by proper documentation. Additionally, agreeing to multiple registrations without a clear understanding of compliance rules can create significant risks. Therefore, preparing academic records, experience letters, and other supporting documents early helps prevent delays and complications once USCIS selects a registration.
Why Professional Legal Guidance Matters More Than Ever
The new wage-based selection and complex fee structure make professional legal guidance increasingly valuable. Expert guidance of an immigration attorney for an H‑1B visa helps mitigate risk, ensure compliance, and develop filing strategies aligned with the latest rules. Early consultation benefits both employers and applicants by preventing costly errors and improving overall outcomes.
Wrapping Up
The H-1B visa updates, 2026, introduce a big shift: the process now centers on structured selection and wage priorities, with tougher financial and compliance rules. If you want to make smart choices and submit strong applications, you need to understand these changes inside and out. At the Law Office of Abhisha Parikh, we help employers and professionals cut through the confusion. Our immigration service experience means you get real guidance, not guesswork—so you can face the new H-1B system with confidence and stay fully compliant.
