H-1B 2026 Lottery Guide: Timeline and $100,000 Fee Clarification

USCIS released the official schedule for the FY 2027 H-1B lottery on January 30, 2026.

This guide provides the critical dates, an explanation of the new "Weighted Selection" protocol, and a scenario-based breakdown of which employees are subject to the new $100,000 fee.

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H-1B Lottery Timeline

• Now – March 3: Account Setup. Create your "USCIS Organizational Account" if you haven't already. You can add legal representatives to your account during this time.
• March 4 @ Noon ET: Registration Opens. You can begin submitting beneficiary data and paying the $215 registration fee per candidate.
• March 19 @ Noon ET: Registration Closes. The system locks at exactly 12:00 PM Eastern.
• March 31: Selection Notices. USCIS intends to notify all selected employers by this date.
• April 1: Filing Begins. If selected, the 90-day window to file the full petition opens.

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The New Weighted Selection Process

For FY 2027, the selection process depends on the total volume of registrations received:

1. If Total Registrations < 85,000: USCIS will select all properly submitted registrations. No lottery will be conducted. (Note: While technically possible, this scenario is highly unlikely based on recent filing volumes).
2. If Total Registrations > 85,000: USCIS will run the new Weighted Selection process.

In the weighted model, registrations for higher wage levels (Level 3 and Level 4) are statistically prioritized over entry-level (Level 1) wages.

Important Compliance Note:Wage levels are determined by the specific requirements of the role and Department of Labor (DOL) data, not employer preference. You cannot simply "opt in" to a higher wage level to improve odds; the salary offered must match the complexity and experience required for the position.

For a detailed breakdown of how wage levels impact selection odds, see our Ultimate HR Guide to the 2026 H-1B Lottery.

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The $100,000 Fee: Scenarios for HR Leaders

The Presidential Proclamation mandates a $100,000 fee for H-1B petitions that require Consular Notification. This fee is separate from the standard legal and filing fees.

To determine if you owe the fee, you must look at your candidate's current location and filing method.

Definitions:

• Change of Status (COS): A request to switch a candidate's status (e.g., Student to Worker) automatically inside the U.S. without them leaving the country.
• Consular Notification: A request for the candidate to pick up their visa at a U.S. Consulate abroad before entering to work.

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Scenario 1: Candidate is currently inside the U.S. (F-1, H-4, TN, etc.)

Fee Impact: $0 (Exempt)

• Strategy: You should file the petition as a Change of Status.
• Result: As long as the candidate remains in the U.S. and the COS is approved, the $100,000 fee does not apply.

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Scenario 2: Candidate is currently outside the U.S.

Fee Impact: $100,000 (Due)

• Strategy: Because the candidate is not physically present in the U.S., they are ineligible for a Change of Status. You must file for Consular Notification.
• Result: You are required to pay the $100,000 fee as a condition of eligibility.

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⚠️ Scenario 3: Candidate travels internationally while the case is pending

Fee Impact: $100,000 (Due)

• Why This Matters: This is the most common accidental trigger for the fee.
• The Risk: If you file a Change of Status (Scenario 1) but the employee travels outside the U.S. before it is approved, USCIS considers the Change of Status request abandoned.
• Result: The petition automatically converts to "Consular Notification." USCIS will likely issue a Request for Evidence (RFE) requiring the $100,000 payment before approving the visa.
• Action: Advise all onshore H-1B nominees to halt international travel from the moment you register them until their H-1B status is fully approved (Form I-797A received).

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Scenario 4: Attorney requests "Consular Notification" by mistake

Fee Impact: $100,000 (Due)

• The Risk: Even if the candidate is in the U.S., if your legal team checks the box for "Consular Notification" on Form I-129 (Part 2, Item 4), you trigger the fee.
• Action: Review all draft forms to ensure "Change of Status" is selected for onshore candidates.

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Scenario 5: Candidate gets "Change of Status" approved, then travels later

Fee Impact: $0

• The Rule: Once the Change of Status is approved, the fee exemption is locked in. The employee can travel internationally and apply for a visa stamp to return without paying the $100k.
• Critical Warning: While the fee won't apply, travel bans might. If your employee is from a country currently subject to updated travel restrictions (e.g., the 2026 expansion list), they may be denied a visa stamp or re-entry regardless of their H-1B approval.
• Before approving travel, check our 2026 Travel Ban & Visa Restrictions Guide.

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Frequently Asked Questions

Does the $100,000 fee apply to the registration step in March?

‍No. The March registration fee is only $215. The $100,000 fee is only triggered if the candidate is selected AND you file a petition requiring Consular Notification.

Can I pay the $100,000 fee to bring an offshore candidate to the U.S. sooner?

‍Yes, paying the fee allows you to process an offshore candidate normally. However, standard consular appointment wait times still apply.

What happens if we don't have enough registrations to hit the 85,000 cap?

‍If USCIS receives fewer than 85,000 unique registrations, they will select everyone. The weighted selection process based on wage levels will not be used in this scenario.

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Disclaimer:This article is for informational purposes only and does not constitute legal advice. H-1B regulations are subject to change. Please consult with qualified immigration counsel regarding your specific cases.

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