Each year, the USCIS allows a total of 65,000 H-1B visas, plus an additional 20,000 specifically for those with a master’s degree or higher. In addition, 6,800 visas are reserved for applicants from Chile and Singapore, leaving 58,200 available for the general pool.

In recent years, the H-1B visa process has changed dramatically: Registrants submit a simple electronic filing to be placed in the H-1B selection lottery. If selected during the lottery, the registrant may then submit their full petition.

• On September 19, 2025, President Trump issued the “Restriction on Entry of Certain Nonimmigrant Workers” proclamation requiring that employer petitions for H-1B visas now include a $100,000 payment for each visa petition. The Secretary of Homeland Security can make exceptions to this requirement for individual workers or all workers in a company or industry if doing so would be in the national interest and not pose a threat to the security or welfare of the United States. Subsequent USCIS guidance clarified that this is a one-time fee for new H-1B petitions. The guidance also states that the proclamation:

• Does not apply to any previously issued H-1B visas, or any petitions submitted prior to 12:01 a.m. EDT on September 21, 2025;
• Does not change any payments or fees required to be submitted in connection with any H-1B renewals; and
• Does not prevent any holder of a current H-1B visa from traveling in and out of the United States.

• Since the proclamation, several lawsuits have been filed challenging the new fee. In December 2025, a federal district court upheld the $100,000 fee. Then on June 8, 2026, in a separate legal challenge, a federal district court issued a conflicting decision, vacating the fee on the grounds it is an impermissible tax that only Congress has the power to impose. The cases have been appealed. With multiple lawsuits, conflicting rulings and ongoing litigation, employers should proceed with caution and continue to work with legal counsel on their H-1B strategies.

• On December 29, 2025, the Department of Homeland Security (DHS) published a final rule changing the H-1B random lottery selection process to a weighted selection process. The new rule doesn’t eliminate the lottery entirely, but it weighs the entries differently based on wage levels.

During registration, each beneficiary will be assigned a wage level (which is not the same as actual salary), based on Occupational Employment and Wage Statistics and Standard Occupational Classification codes from the U.S. Department of Labor. Based on the assigned wage levels, beneficiaries will be entered into the selection pool as follows:

• Wage Level 1 — one entry. Wage level 1 is assigned to entry-level employees with a basic understanding of the occupation and whose duties include routine tasks requiring limited, if any, exercise of judgment. These employees work under close supervision.
• Wave Level 2 — two entries. Wage level 2 rates are assigned to mid-level qualified employees who, through education and/or experience, have a good understanding of the occupation. They perform moderately complex tasks that require limited judgement.
• Wage Level 3 — three entries. Level 3 rates are assigned to higher-level experienced employees performing tasks that require exercising judgement. They may coordinate activities with and supervise other employees.
• Wage Level 4 — four entries. The highest wage level is assigned to those with the highest level of understanding and expertise in the occupation, including planning and conducting work requiring independent judgement and evaluation. These employees generally have management and/or supervisory responsibilities.

The wage levels do not reflect actual salaries. They are based on the Department of Labor’s prevailing wage system, corresponding to job seniority and complexity.

Employers planning to take advantage of the H-1B program should take this new weighted system into account as they prepare for registration.

Here’s a breakdown of the three-step H-1B visa petition process.

Step One: Electronic Registration

The USCIS has developed a lottery pre-registration process, so employers can submit a basic online form rather than preparing a complete petition prior to entering the lottery.

To complete the pre-registration process, employers must have a myUSCIS account. Registered users can simply log in, while new users must first create an account. Through this account with the USCIS portal, employers can prepare, edit and store draft registrations prior to final payment and submission of each registration.

The USCIS notes that one of the top user errors each year users creating the wrong type of account, as there are three types of USCIS online accounts:

1. The applicant/petitioner/requestor/supporter account is for individuals who will use this account to prepare and file applications, petitions or other benefit requests for themselves or file a Form I-134A as a supporter on behalf of a beneficiary. This account type cannot be used by employers to prepare or submit H-1B registrations on behalf of prospective petitioners.
2. The attorney/legal representative account is for attorneys or accredited representatives of qualified organizations recognized by the U.S. Department of Justice and is submitting H-1B registrations on behalf of a prospective petitioner/client. Anyone who signs up for this type of account also will submit Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative.
3. The organizational account (formerly the registrant account) must be created for a prospective petitioner to participate in the H-1B registration process, regardless of whether the prospective petitioner will be using an attorney or accredited representative to submit the registration. The organizational account allows multiple people within an organization and their legal representatives to collaborate on and prepare H-1B registrations, H-1B petitions and any associated Form I-907s.

Once the H-1B cap season opens, myUSCIS organizational or attorney/representative account holders will log into the portal and complete the registration process, including paying the required registration fee, which can be found in the most recent USCIS Fee Schedule, Form G-1055. The H-1B registration fee is nonrefundable.

The other top user error USCIS sees is duplicate registrations for the same beneficiary — which invalidates all registrations for that beneficiary for that H-1B cap season.

If a registration was submitted and an error is noticed post-submission, users may delete the beneficiary’s registration and re-submit with an additional fee. Deleted registrations, however, will not get their fee refunded. There is no option to edit submitted registrations.

Registrants can track registration status with their online account.

Step Two: Lottery Selection

If USCIS receives enough registrations by its deadline, the agency will begin selecting registrations based on its weighted selection process. The USCIS uses a beneficiary-centric selection process for H-1B registrations.

During the selection process, the agency first focuses on all beneficiary registrations, including those eligible for the advanced degree exemption; it will then select from the remaining registrations enough beneficiaries needed to reach the advanced degree exemption.

The agency will send selection notifications via users’ myUSCIS online accounts. Only those selected will file complete H-1B cap-subject petitions on behalf of the individual named in the notice, and they must do so within the filing period indicated in the notice.

Step Three: Those Selected Complete Petitions

Employers selected during this process are electronically notified and must prepare and submit a complete H-1B cap-subject petition within the filing period indicated on the notice, which will be at least 90 days.

The petition must include several completed forms and documents with related addendums and attachments. These include, for example, the Form I-129 Petition for a Nonimmigrant Worker, a Labor Condition Application (Form ETA 9035) that must be certified by the U.S. Department of Labor, and potentially several others, depending on the circumstances. The petition is complex. Employers should review the latest USCIS H-1B guidance and FAQs for the most recent information on how to complete and submit the petition.

Employers should also consider consulting with legal counsel when completing their petition.