H-1B Visa Outlook 2026 US: Wage Based Selection & Fees

What are the main types of US immigration status?

The main types of US immigration status are nonimmigrant (temporary), immigrant (permanent resident/green card), and humanitarian protections. Most workers and students start in a nonimmigrant category and may later transition to a green card if they qualify.

Understanding which category fits your goals shapes every decision about timing, strategy, and risk.

• Nonimmigrant (temporary) status
  • Key features: Limited duration, tied to a specific purpose such as work, study, tourism, training, or exchange.
  • Common categories:
    • H-1B - specialty occupation workers subject to annual caps under INA 214(g).
    • L-1 - intracompany transferees (managers, executives, specialized knowledge).
    • O-1 - individuals with extraordinary ability or achievement.
    • E-1/E-2 - treaty traders and investors (only for treaty countries).
    • TN - certain professionals from Canada and Mexico (under USMCA).
    • F-1 - students, with optional practical training (OPT) and STEM OPT extensions.
• Immigrant (permanent resident / green card)
  • Key features: Right to live and work indefinitely in the United States, path to naturalization.
  • Main pathways:
    • Family-based under INA 201 and 203 (spouses, parents, children, some siblings of US citizens and permanent residents).
    • Employment-based (EB-1 to EB-5) including PERM labor certification, multinational managers, researchers, and investors.
    • Diversity Visa Lottery for nationals of underrepresented countries.
• Humanitarian protections
  • Includes asylum, refugee status, Temporary Protected Status (TPS), U visas, T visas, and others.
  • These are controlled largely by USCIS and the immigration courts (EOIR), with separate eligibility rules and backlogs.

How does employment-based immigration to the United States work?

Employment-based immigration works through a combination of nonimmigrant work visas and employment-based green cards, with strict rules on job type, wages, and sponsorship. Employers in the United States typically file petitions with USCIS, often after obtaining a certified Labor Condition Application (LCA) from the Department of Labor or completing the PERM labor certification process.

Each step has precise timelines, government fees, and documentation standards that vary by category.

Key US authorities and statutes

• USCIS (U.S. Citizenship and Immigration Services) - adjudicates most petitions (H-1B, L-1, O-1, I-140, I-485).
• US Department of State (consulates and embassies) - issues visas after USCIS approval.
• CBP (Customs and Border Protection) - controls entry at ports and airports, issues I-94 records.
• DOL (Department of Labor) - handles LCAs and PERM labor certifications.
• Core statute: Immigration and Nationality Act (INA), codified at 8 U.S.C. 1101 et seq.

Typical employment-based path (nonimmigrant to green card)

1. Temporary work or study
   • Enter on F-1 (student), J-1 (exchange), or directly on a work visa such as H-1B, L-1, O-1, or TN.
2. Cap-subject or cap-exempt work visa
   • For H-1B, employers must win a cap number via the March electronic registration, then file Form I-129 with USCIS.
   • Cap-exempt options (universities, nonprofit research organizations, affiliated entities) can file H-1Bs year-round.
3. Employment-based green card
   • For EB-2/EB-3, employers often start with PERM labor certification through DOL, then file Form I-140, then (when priority date is current) file adjustment of status (Form I-485).
   • Some categories like EB-1A (extraordinary ability) or EB-2 NIW allow self-petition.
4. Permanent residence and beyond
   • Once the green card is approved, the foreign national can usually work for any employer, with some category-specific conditions.
   • After 5 years (3 in some marriage-based cases), they may apply for US citizenship via naturalization.

What changes are expected for the 2026 H-1B lottery season?

For the March 2026 H-1B cap season (FY 2027), the government is publicly considering a major shift from a random lottery to a wage-based selection process that favors higher salaries, along with new or higher integrity-related fees. While the random, beneficiary-centric selection used in FY 2025 is currently in place, policy discussions signal that wage level and fraud-prevention funding will be central themes before March 2026.

Employers and workers should plan scenarios now, even though final rules will only be clear after formal rulemaking in the Federal Register.

1. Potential move from random lottery to wage-based selection

• Current rule (as of FY 2025)
  • USCIS selects registrations randomly, but only counts one entry per unique beneficiary ID, no matter how many employers submit registrations for that person.
  • This beneficiary-centric system targets duplicate and fraudulent registrations.
• Proposed concept for 2026 and beyond
  • The Department of Homeland Security (DHS) has floated a policy under which higher OES wage levels (Levels 3 and 4) would be prioritized in the H-1B cap selection.
  • Registrations might be ranked by wage level, then picked from highest to lowest until the regular cap and advanced degree cap are filled.
  • Entry-level roles set at Level 1 and many Level 2 positions could see dramatically reduced odds or be effectively locked out.
• Regulatory status
  • Any wage-based system requires a formal rule under the INA and the Administrative Procedure Act.
  • Expect a proposed rule in the Federal Register, a public comment period, and a final rule, likely sometime in 2025 if it is to apply for March 2026.

2. New and increased integrity-related fees

• Asylum program fee (finalized)
  • DHS has finalized a mandatory $600 asylum program fee for most employment-based I-129 and I-140 petitions, including H-1B, to help fund the US asylum system.
  • Small employers and nonprofits may pay a reduced amount, but almost all cap-subject H-1B filings will trigger this fee starting with the new fee schedule (already in effect for 2024 filings).
• H-1B registration fee increases (finalized)
  • The H-1B electronic registration fee has been raised sharply from $10 to $215 per registration, effective for the FY 2025 season and likely for March 2026 as well.
  • This is explicitly described as a tool to improve program integrity and pay for modernized vetting.
• Additional "integrity" fee concepts (under discussion)
  • Policymakers are considering extra integrity or fraud-prevention fees on certain H-1B filings, especially for repeat users or high-volume filers.
  • As of late 2024, no specific new integrity fee beyond those already in the 2024 USCIS fee rule is final for 2026, but planning should assume further cost pressure.

3. Continued use of electronic registration in March 2026

• Expected timeline
  • USCIS traditionally opens registration around March 1 and closes it about March 20.
  • Selection notices usually appear by March 31, with a 90-day filing window (often April 1 through June 30) for selected cases.
• What you should plan for
  • Have all candidate details, wage level decisions, and LCA strategies finalized by January to early February 2026.
  • Expect robust auditing of duplicated beneficiaries and heightened scrutiny of suspicious patterns across registrations.

How could wage-level based selection affect entry-level H-1B workers in 2026?

A wage-level based H-1B selection system would likely make it very difficult for true entry-level professionals, especially those paid at OES Wage Level 1, to win a cap number. Even many Level 2 roles could be squeezed out if USCIS fills the cap largely with Level 3 and Level 4 registrations.

For employers and foreign graduates, this change would require serious restructuring of job leveling, salary strategy, and backup immigration options.

1. How wage levels work in the H-1B context

• OES wage levels (DOL)
  • DOL's Occupational Employment Statistics (OES) system assigns Level 1 through Level 4 prevailing wages to each occupation in each geographic area.
  • Level 1 is entry-level, Level 2 is qualified, Level 3 is experienced, and Level 4 is fully competent/senior.
• Connection to H-1B
  • For an H-1B petition, the LCA must show that the employer will pay at least the prevailing wage for the role and location.
  • If USCIS moves to wage-based selection, the wage level you indicate on the LCA will likely become a deciding factor in whether your registration ever gets picked.

2. Risks for entry-level professionals (especially F-1 students)

• Recent US graduates on F-1 OPT or STEM OPT
  • Many first H-1B attempts are for roles properly categorized as Level 1 or low Level 2.
  • Under a wage-based system, these registrants could have negligible selection odds if the cap fills at higher wage tiers.
• Commonly affected fields
  • Software developers, analysts, engineers, and many business roles in lower cost-of-living regions are often set at Level 1 or 2.
  • Even in high-cost cities, internal compensation bands may not align easily with Level 3 or 4 wages for new graduates.

3. Strategies employers can consider if wage-based selection is adopted

• Review job leveling and compensation bands
  • Identify which positions could legitimately be classified at Level 3 or 4 based on duties, independence, supervision, and required experience.
  • Document why higher wage levels are appropriate to avoid fraud concerns and DOL audits.
• Location and remote work planning
  • Evaluate whether placing the role in a specific metro area can support a higher OES wage level without unreasonable cost.
  • Plan for H-1B amendment filings if remote work or office moves change the prevailing wage area.
• Cap-exempt H-1B options
  • Partner with or hire into cap-exempt employers such as:
    • Accredited nonprofit universities.
    • Nonprofit entities related to or affiliated with universities.
    • Nonprofit or governmental research organizations.
  • Cap-exempt H-1Bs can be filed at any time, and some professionals later move into cap-subject roles after securing H-1B status.
• Alternative visa options
  • Consider O-1 for high achievers, L-1 via overseas assignments, TN for Canadians and Mexicans, or E-2 for treaty investors and employees.
  • For top talent, start building a record for potential O-1 or EB-1 in parallel with H-1B planning.

What government filing fees and costs should H-1B employers budget for in 2026?

For a typical cap-subject H-1B petition in 2026, many employers should expect to spend between about $4,000 and $8,000 in government filing fees alone, not including attorney fees or internal costs. Certain large, H-1B dependent employers may pay more than $10,000 per case due to an additional $4,000 fee under Public Law 114-113 and related rules.

The asylum program fee and increased registration fees add to longstanding ACWIA training and fraud prevention fees, so careful budgeting is essential.

1. Typical fee structure for a cap-subject H-1B in 2026

*Amounts are based on the USCIS fee rule effective April 1, 2024; confirm updated fees on uscis.gov before filing.

2. How the math often exceeds $4,000

• Mid-size employer not subject to $4,000 PL 114-113 fee, with premium processing:
  • I-129 base fee: ~$780
  • ACWIA: $1,500
  • Fraud fee: $500
  • Asylum program fee: $600
  • Premium processing: $2,805
  • Total government fees: ~$6,185 per selected case.
• Large H-1B dependent employer, using premium processing:
  • All of the above plus $4,000 PL 114-113 fee.
  • Total government fees often exceed $10,000 per new H-1B hire.

3. Budgeting tips for the 2026 season

• Separate "lottery costs" from "petition costs"
  • Lottery costs: registration fee ($215 per candidate) and any internal evaluation expenses.
  • Petition costs: all I-129-related fees only for those selected.
• Model different selection scenarios
  • Example: If you register 50 candidates and expect 30 percent selection, assume about 15 full petitions and multiply by per-case fees.
  • Add a margin for RFEs, refilings, and occasional denials or rework.
• Plan for legal fees explicitly
  • Law firm fees for a cap-subject H-1B often range from roughly $2,000 to $5,000 per case, depending on complexity and volume.
  • Set internal approval thresholds so hiring managers understand the true cost of choosing an H-1B route.

How will H-1B electronic registration work for the March 2026 cap season?

H-1B electronic registration for March 2026 will almost certainly follow the established pattern: employers create USCIS online accounts, submit a short registration for each candidate during a limited March window, pay the $215 fee per registration, and then wait for lottery or selection results. Only if a registration is selected can the employer file the full H-1B petition within the designated filing period.

The key to success is completing all substantive planning before registration opens, even though the registration form itself is short.

1. Expected 2026 registration timeline

2. Information you must have ready before registration

• For each candidate
  • Full legal name, date of birth, passport details, country of birth and citizenship.
  • Whether the candidate qualifies for the advanced degree exemption (US master's or higher from an accredited institution).
  • Beneficiary identifier (to prevent duplicate registrations under the beneficiary-centric rules).
• Job and wage strategy
  • Job title, SOC code, work location(s), remote/hybrid patterns.
  • Proposed salary and planned OES wage level for the future LCA.
  • Preliminary determination of whether your company is H-1B dependent or subject to the additional $4,000 fee.

3. Compliance and integrity considerations

• Avoid duplicate or collusive registrations
  • USCIS will track beneficiaries across all registrations to detect duplicates or fraudulent patterns.
  • Coordinating with affiliates and third parties is crucial to avoid unintentional duplicate filings.
• Prepare documentation early
  • Start collecting degree transcripts, experience letters, and detailed job descriptions in late 2025.
  • This allows quick filing as soon as a registration is selected and reduces the risk of rushed, error-prone petitions.

What are other common US immigration pathways besides H-1B?

Besides H-1B, common US immigration pathways include family-based green cards, other work visas like L-1, O-1, TN, E-1/E-2, and humanitarian programs such as asylum or TPS. Many individuals use a combination of these options over time, moving from study to work visa to green card.

Understanding the full menu of options helps you avoid overreliance on the H-1B cap, especially under a wage-based system.

1. Family-based immigration

• Immediate relatives of US citizens
  • Spouses, unmarried children under 21, and parents of adult US citizens have visas available without annual caps.
  • They can often adjust status inside the US if they entered lawfully.
• Family preference categories
  • Include adult sons/daughters and siblings of US citizens, and certain relatives of green card holders.
  • These are subject to annual numerical limits and country quotas, tracked in the State Department Visa Bulletin.

2. Alternative work visas

• L-1 intracompany transferee
  • For managers, executives, and specialized knowledge employees transferring from a related foreign entity.
  • No annual cap, but requires a qualifying corporate relationship and at least one year of prior employment abroad.
• O-1 extraordinary ability
  • For individuals with extraordinary ability in sciences, arts, education, business, or athletics.
  • Evidence heavy but extremely valuable as an H-1B alternative for top performers.
• TN (USMCA)
  • Available to certain Canadian and Mexican professionals under listed occupations.
  • Renewable without a hard maximum limit, which can make it more flexible than H-1B.
• E-1/E-2 treaty trader/investor
  • Available only to nationals of treaty countries engaged in substantial trade or investment with the United States.
  • Often used by entrepreneurs and key employees.

3. Employment-based green cards

• EB-1
  • For individuals of extraordinary ability, outstanding professors and researchers, and multinational managers/executives.
  • Often no PERM required; sometimes self-petition is allowed (EB-1A).
• EB-2 / EB-3 with PERM
  • Requires a DOL-certified PERM labor certification showing no able, willing, qualified US workers are available at the prevailing wage.
  • Filing sequence: PERM, then I-140, then I-485 when priority date is current.
• EB-2 National Interest Waiver (NIW)
  • Allows self-petition for certain professionals whose work has substantial merit and national importance.
  • Increasingly used as a backup or parallel path for highly skilled workers who face H-1B uncertainty.

When should you hire a US immigration lawyer or expert?

You should hire a US immigration lawyer when the cost of a mistake is high, your case involves complex wage or compliance issues, or you need to manage multiple candidates or categories at once. For the 2026 H-1B cap season, legal guidance is particularly valuable if wage-based selection becomes a reality or if your organization is H-1B dependent or near fee thresholds.

A good lawyer can convert policy uncertainty into concrete planning and reduce both denial risk and compliance exposure.

• Situations where professional help is strongly recommended
  • You are planning to sponsor multiple H-1B candidates for March 2026 and need a portfolio strategy.
  • Your wage levels, titles, or remote work patterns are complex, or you are unsure how to classify roles.
  • Your company may be considered H-1B dependent, or you might trigger the extra $4,000 Public Law 114-113 fee.
  • The candidate has prior status issues, gaps, unlawful presence, or past denials.
  • You want to pursue backup options (O-1, NIW, L-1, etc.) alongside H-1B.
• What an experienced immigration lawyer adds
  • Accurate interpretation of evolving DHS and DOL rules, including wage-based selection and fee changes.
  • Optimized job description and wage level strategy that balances compliance with competitiveness.
  • Risk assessment and documentation planning to minimize RFEs and denials.
  • Coordinated timelines for H-1B, green card processes, and corporate events like mergers or restructurings.

What are the next steps if you want to pursue US immigration or the 2026 H-1B cap?

The next steps are to map your goals to the right immigration category, build a 12 to 18 month timeline, and prepare both wage strategy and budget for the 2026 H-1B season while exploring backups. You should start this work in 2025 so you are not forced into last-minute decisions in early 2026.

Structured planning now will give you more options if wage-based selection, new integrity fees, or additional compliance obligations take effect.

1. Clarify your objectives
   • Individuals: Decide whether your immediate goal is temporary work, permanent residence, or both.
   • Employers: Identify which roles genuinely require H-1B sponsorship and which can be filled otherwise.
2. Audit current workforce and candidates
   • List all foreign nationals on F-1 OPT/STEM, J-1, L-1, or other statuses who may need H-1B sponsorship for October 1, 2026.
   • Prioritize candidates based on business need and risk tolerance.
3. Develop a wage and role strategy by Q3 2025
   • Review OES wage data for relevant occupations and locations.
   • Decide where you can legitimately classify roles at Level 3 or 4 if wage-based selection is adopted.
4. Build a budget for 2026 H-1B filings
   • Use the fee table above to estimate per-case costs and total program costs, including attorney fees.
   • Secure internal approvals so hiring managers understand financial and timing constraints.
5. Engage immigration counsel early
   • Schedule a strategy session in mid-2025 to review anticipated rule changes, wage-level impacts, and fee updates.
   • Ask for a calendar of internal and government deadlines leading up to the March 2026 registration window.
6. Monitor policy developments
   • Track USCIS, DHS, and Federal Register announcements for any final wage-based selection rules or new integrity fees that will apply to the FY 2027 cap.
   • Be ready to adjust registration and filing strategy in late 2025 and early 2026 as rules are finalized.
7. Prepare documentation and systems
   • Set up or update your USCIS online accounts and internal intake forms for H-1B candidates.
   • Collect degrees, transcripts, experience letters, and passport copies by the start of 2026 so you can file quickly after selection.