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The number of available new H-1B petitions is capped at 65,000 per fiscal year (“regular cap”), with an additional 20,000 slots available to foreign nationals holding advanced degrees (master’s degrees or higher) from U.S. institutions. For the last several years, USCIS received significantly more petitions than this cap, resulting in a lottery system for available spots. Last week, United States Citizenship &amp; Immigration Services (USCIS) announced that new, cap-subject H-1B registrations may be submitted from March 4, 2026 through March 19, 2026. This is the only time during the year when cap-subject employers may apply for new H-1B classification for an employee.

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To ensure that potential H-1B workers are included within the registration process, we recommend that employers make hiring decisions for foreign national employees and job applicants as soon as possible. Most employees in F-1 (student) status need new H-1B petitions filed on their behalf, allowing them to transition to H-1B employment and avoid gaps in employment authorization. We also recommend H-1B status for employees in E-2, O-1, or TN status who would like to pursue permanent resident status in the United States.

Employers who would like to file an H-1B cap-subject petition for the fiscal year 2027 cap (for a start date of October 1, 2026) must ensure that they have an active online account with USCIS. Using their online account, employers or their legal representative will electronically register and pay a $215 H-1B registration fee for each worker. Workers will have only one chance at the lottery, regardless of the number of employer registrations submitted on their behalf. After the registration window closes, USCIS will conduct the lottery and notify employers if they have been selected to file H-1B petitions on behalf of their registered employees. USCIS anticipates that it will notify selected registrants by March 31, 2026.

This year, for the first time, the H-1B lottery will not be completely random. Instead, USCIS will conduct a “weighted” lottery process, wherein registrations for positions with higher salaries will have a greater chance of selection than those with lower salaries. Employers and their attorneys will be required to determine the prevailing wage level (1-4) for the offered salary, based on the position’s occupational category and work location, and provide that information during the registration process.&nbsp;

Also notable, as discussed in our <a href="https://www.michaelbest.com/insights/uscis-provides-clarification-on-new-100000-h-1b-fee/">previous alert</a>, the new $100,000 H-1B fee will affect some new H-1B petitions, namely:

Petitions filed on behalf of individuals who are outside of the United States and who do not hold a valid H-1B visa.

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Petitions filed on behalf of individuals in the United States with a request for consular notification, port of entry notification, or pre-flight inspection.

Petitions filed on behalf of individuals in the United States with a request for change of status to H-1B status, or an amendment or extension of stay in H-1B status, where USCIS denies the request for change, amendment, or extension of status.

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Most individuals in the United States with valid immigration status through October 1, 2026 will NOT be subject to the $100,000 fee.

The H-1B cap applies to employees who have never been counted against the cap. Therefore, most individuals who currently hold H-1B status, whether with you or another employer, need not worry about the annual H-1B cap. The H-1B cap also does not apply to employees of cap-exempt employers, including: (i) colleges and universities; (ii) nonprofit organizations related to or affiliated with a nonprofit college or university; or (iii) nonprofit or governmental research organizations.

Please notify us of any employees who may need new H-1Bs as soon as possible to allow sufficient time for registration filings. Both the weighted lottery process and the $100,000 H-1B fee are the subject of court challenges. We will provide an update if the litigation is successful in preventing the weighted system or the $100,000 fee from affecting the upcoming H-1B lottery.

Close-up of passport pages with immigration entry stamps in red and blue ink.

Blurred close-up of a passport page with an immigration entry stamp and blue printed text.

H-1B Registration Window Opens March 4, 2026

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