The H-1B Visa is the “workhorse” of nonimmigrant visa classifications, allowing employers to attract or retain highly skilled IT professionals, accountants, architects, business/operations analysts, designers, doctors, engineers, lawyers, researchers, teachers, and many other professionals to work in the United States.

The H-1B registration lottery is held each year to provide foreign national talent employed or offered a specialty occupation position (a position that requires a bachelor’s or higher degree in a related academic field) the opportunity to work in H-1B status. The lottery provides the government a mechanism to allocate the limited number (85,000) of H-1B visas among annual lottery registrants (H-1B hopefuls).

New weighted lottery process based on wage level: One major change that employers should be aware of this year is that United States Citizenship and Immigration Services (USCIS) is replacing what was previously a random H-1B lottery selection process with a weighted process in which higher-skilled, higher-paid beneficiaries are prioritized. The weight given to each registered beneficiary will depend upon the Department of Labor (DOL) wage level (I, II, III, or IV) for the offered position. Beneficiaries who are offered a position with a Level I wage (the lowest DOL wage level), will be entered into the lottery once; those with a Level II wage will be entered twice, Level III, three times and Level IV, four times. Accordingly, with this new system in place, higher-paid roles have a much higher likelihood of success in the selection process, and lower-paid roles a much lower likelihood.

Impact of the $100,000 H-1B supplemental fee: On September 19, 2025, President Trump issued a Proclamation imposing a $100,000 fee on certain H-1B petitions. Specifically, the $100,000 fee applies to H-1B petitions filed on behalf of beneficiaries who are outside of the United States where consular notification, port-of-entry notification, or pre-flight inspection is requested. The fee does not apply to change of status petitions (e.g., F-1 OPT or F-1 STEM OPT to H-1B) where the beneficiary is in the United States while the petition is pending.

Who should be considered for an H-1B registration entry

Over the past few years, the selection rate in the H-1B lottery has been between 15 percent and 24 percent. Given this reality, it is wise for employers to register for the H-1B lottery at the first (and every) opportunity available for qualifying H-1B candidates, even if that employee’s work authorization may not be expiring for several years.

Additionally, we have seen many changes in the United States immigration landscape, and more are expected. Among other changes, we anticipate significant changes to dependent work authorization classifications such as H-4 EAD, L-2S and E-2S. Likewise, employees working pursuant to an EAD associated with Deferred Action for Childhood Arrivals (DACA) status or other temporary employment-authorized immigration classifications (TPS, Humanitarian Parole, etc.) should be assessed for their eligibility for H-1B sponsorship as a viable alternative for a longer-term employment-authorized option. Specifically, employers should consider registering foreign national (FN) employees, or prospective employees:

• who were not selected in previous lotteries; 
• in F-1 student status currently using OPT, STEM OPT, or CPT work authorization; 
• in TN, E-1/E-2, E-3, or O-1 status who you may consider for green card sponsorship in the future; 
• who are dependent to a principal visa holder (H-4, L-2, E-3D, E-2.) working on an EAD; and
• with temporary work authorization pursuant to DACA or TPS.

We also suggest undertaking immigration contingency planning should your employee be nearing the end of their employment authorization.

FY 2027 H-1B timeline

• February–early March 2026: Ice Miller’s Immigration Team will work with company stakeholders and FN candidates to ensure the best immigration strategy. If you are considering submitting a registration in this year’s lottery and have not yet heard from a member of the Ice Miller immigration group, please contact us.
• Noon Eastern on March 4, 2026, through noon Eastern March 19, 2026: Employers will register prospective H-1B beneficiaries and pay the $215 electronic registration fee at my.uscis.gov.
• March 31, 2026: Date by which USCIS intends to notify selected registrants.
• April 1, 2026, through June 30, 2026: Employers with selected registrations will be able to file cap subject H-1B petition with USCIS. 
• October 1, 2026: The earliest possible start date for a successful H-1B petition (if your registration was selected and the petition approved).

Ice Miller continues to monitor potential legal challenges and updates to the H-1B visa lottery program and will provide further updates as they occur.

This publication is intended for general information purposes only and does not and is not intended to constitute legal advice. The reader should consult with legal counsel to determine how laws or decisions discussed herein apply to the reader's specific circumstances.