The H-1B Lottery season is underway, and the recent changes to the selection process means that the sooner you can finalize your list of employees to enter into the lottery, the better.
Klug Law Firm is dedicated to keeping you up to date with key changes to the H-1B Cap Lottery program and suggesting timelines for you to follow to ensure that your employees eligible for the H-1B Cap Lottery are well positioned to be selected.
H-1B Program
The H-1B program allows companies and other employers in the United States to temporarily employ foreign workers in specific occupations that require highly specialized knowledge, in fields such as architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology, and the arts.
Each year, the United States allocates 65,000 H-1B visas for individuals with a bachelor’s degree and an additional 20,000 H-1B visas for those who possess a master’s degree or higher from an accredited and public or other nonprofit U.S. institution of higher education.
H-1B Selection Amendments
In December of last year, the Department of Homeland Security announced a rule amendment to the H-1B work visa selection process “to prioritize the allocation of visas to higher-skilled and higher-paid” immigrants. It requires USCIS to use the four prevailing Department of Labor salary levels to “weight” the lottery in favor of individuals in positions that require more experience. Prior to this rule, all H-1B registrants had an equal chance of selection via a random lottery.
With this new rule, registrants offered a position that corresponds to a Level IV salary will have four chances to be selected, a Level III registrant three chances, a Level II registrant two chances and a Level I registrant one chance.
How this impacts employees and employers
This rule affects the overall timeline because the selection process is now itself dependent on the position of an applicant.
Our attorneys at Klug Law Firm will need to analyze which SOC code and wage level the applicant falls into, to ensure registration form accuracy. This will require more lead time than the prior registration form.
As such, it is important to prioritize submitting your list of employees to enter into the H-1B lottery as soon as possible, and to consider alternatives to the H-1B visa as your workforce needs dictate.
Timeline
Now – End of January: Employers must identify individuals they wish to enter into the H-1B Cap Lottery no later than the end of January. Given the additional work needed to comply with the new weighting system, identifying these individuals to us by the end of January is especially important.
Early March: We file H-1B lottery registrations through the USCIS online portal, myUSCIS, on behalf of our clients during the designated March filing period, yet to be announced. History tells us it will be the first few weeks of the month.
Around March 31: Lottery selection.
April 1 – June 30: File Petitions for Selectees: 90-day window to submit full H-1B petitions; remaining applicants stay in reserve for potential future selections.
Additional Considerations for Employers
Preference for U.S. Master’s Degree: Applicants with a qualifying U.S. Masters degrees have a significantly higher rate of selection, because they will be considered first with the regular cap lottery, and then again with the separate advanced degree cap lottery.
Fee: The H-1B registration fee for FY2027 will remain at $215 per registrant.
Compliance and Consequences: Employers are subject to fines and penalties for fraudulent practices in the application process.
Registration Details: In addition to a bona fide job offer, employer and foreign national particulars are required for entry into the H-1B Cap Lottery.
Degree Completion: Foreign nationals must complete all requirements for their qualifying degrees by the petition filing date.
We are here to help
Start organizing H-1B lottery lists and necessary documentation now for the March 2026 registration. Don’t wait until the last minute.
At Klug Law Firm, we’re committed to navigating this process efficiently and ensuring your H-1B applications stand strong against scrutiny.
Call us at (212) 495-9245 or email us at info@klugfirm.com.
Disclaimer: This Client Alert is for general information purpose only; it does not constitute legal advice. Actual application of laws and policies may vary based on your specific facts.