H-1B Visa 2027: Lottery, the $100,000 Fee and What Has Changed

The H-1B visa is still the main way a graduate professional gets hired into the United States from abroad, but it has changed more in the last 13 months than in the previous 20 years. There is a $100,000 fee that was announced, collected, struck down and then extended on paper. The lottery is no longer random. And a second, even larger fee has been proposed.

This guide is for workers, international students and employers trying to understand where things stand before the FY2028 registration in March 2027. It covers how the lottery now works, who the $100,000 fee was meant for, what you will really pay, and the visas worth considering instead.

The short answer at the time of writing (late 2026): the H-1B still works, the $100,000 payment is not being collected because of a court order, and the lottery now strongly favors higher-paid workers and people with US master's degrees.

How the H-1B works

The H-1B is for "specialty occupations," jobs that normally require at least a bachelor's degree in a specific field. Software engineers, data analysts, accountants, architects, doctors and university lecturers are typical.

Your employer files everything. It must get a certified Labor Condition Application from the Department of Labor promising to pay at least the prevailing wage, then file Form I-129 with USCIS. You cannot self-sponsor, and the visa is tied to that employer, although you can move to another H-1B employer once the new employer files a transfer petition.

You get up to three years at a time, six years in total, with extensions beyond six if a green card case is far enough along. The H-1B allows "dual intent," so you can pursue permanent residence openly. Our guide to the US employment green card covers that next step.

The $100,000 fee: what happened

The timeline matters because headlines from different months contradict each other.

1. 19 September 2025: A presidential proclamation required a $100,000 payment for certain new H-1B petitions filed after 21 September 2025.
2. 20 October 2025: USCIS guidance narrowed it to petitions for workers outside the US. A change of status inside the US, for example from F-1 to H-1B, was not charged if approved.
3. Late 2025: In one challenge brought by business groups, a federal court sided with the government and let the fee stand. Other lawsuits continued.
4. 8 June 2026: A federal court in Massachusetts vacated the policies implementing the fee.
5. 24 July 2026: The First Circuit Court of Appeals refused the government's request to pause that ruling. USCIS stopped collecting the payment.
6. 18 September 2026: A new proclamation extended the $100,000 requirement to 21 September 2027. A companion executive order told agencies to scrutinize H-1B filings from employers that have had recent layoffs.

So the fee exists on paper and is extended, but USCIS is barred from collecting it while the court order stands. The government's appeal is pending, and DHS has said it intends to collect the payment if it wins. Check the USCIS H-1B page before any filing.

Who the $100,000 fee targets

If the fee comes back, it applies to new petitions for people outside the United States: a worker hired from India, Nigeria or the Philippines who would go to a US consulate for the visa stamp. It does not apply to extensions, to transfers between employers for people already in H-1B status in the US, or to changes of status approved inside the country.

In practice this split the market. Employers kept hiring international graduates already in the US on F-1 OPT, and largely stopped filing for people abroad. If you are overseas, an H-1B offer that would require consular processing carries real risk until the litigation ends.

The proposed $103,265 cap petition fee

On 25 August 2026, DHS published a separate proposed rule setting a $103,265 fee on every cap-subject H-1B petition, including the 20,000 master's cap and changes of status inside the US. It would be paid at filing, after lottery selection. Cap-exempt employers such as universities would not pay it.

This is only a proposal. Comments closed on 24 September 2026, and it cannot take effect until a final rule is published. If it is finalized before the March 2027 registration, it would hit far more people than the $100,000 fee ever did, because it covers students switching from OPT. Watch this one closely.

The weighted lottery: how selection now works

For FY2027, DHS replaced the random draw with a wage-weighted system. Each unique worker is entered into the pool according to the highest DOL wage level the offered salary meets.

Selection runs in two rounds. The first fills the 65,000 regular cap from everyone; the second fills the 20,000 master's cap from the remaining US advanced degree holders. People with US master's degrees therefore get two chances.

Registrations for FY2027 fell to 211,600, from 343,981 the year before. USCIS selected enough to fill the cap in the first round and announced in July 2026 that there would be no second selection. The practical lesson: an entry-level offer at a Level I wage is now a long shot. If you can negotiate a Level II or III salary, it materially changes your chances.

Wages may rise further. In March 2026 DOL proposed moving the four wage levels to the 34th, 52nd, 70th and 88th percentiles of local pay, up from roughly the 17th at entry level. It had not been finalized at the time of writing.

The FY2028 cap timeline

Based on recent years, expect this pattern for the jobs starting 1 October 2027:

1. Early March 2027: a two-week electronic registration window. The employer registers you and pays $215.
2. By about 31 March 2027: selection results appear in the employer's USCIS online account.
3. From 1 April 2027: selected employers have at least 90 days to file the full petition.
4. 1 October 2027: the earliest start date for approved cap petitions.

USCIS announces exact dates each January or February on its H-1B cap season page. Each person can be registered once per employer; duplicate registrations by the same employer get every entry for that person thrown out.

What it costs and who pays

The ACWIA and fraud fees cannot legally be passed on to you, and deductions for petition costs that push your pay below the required wage are illegal. An employer asking you to "buy" your H-1B is a warning sign, and a common feature of fake offers; see our guide on overseas job scams.

Cap-exempt employers

Some employers sit outside the lottery entirely and can file at any time of year:

• Universities and colleges
• Nonprofits affiliated with a university, such as many teaching hospitals
• Nonprofit research organizations and government research organizations

If you hold a cap-exempt H-1B, you can also work a second, "concurrent" H-1B job for a cap-subject company without the lottery, though leaving the exempt job can leave you needing a lottery number. A DHS proposed rule sent to the White House in August 2026 would revise who counts as cap-exempt; the text had not been published at the time of writing.

Getting the visa stamped

An approved petition is not a visa. Unless you change status inside the US, you need a stamp from a US consulate. Since 15 December 2025, H-1B and H-4 applicants must set social media profiles to public for an "online presence review," and consulates in India pushed many appointments months out as a result.

Apply in your country of nationality or residence; third-country appointments are now generally off the table. The State Department's Global Visa Wait Times page shows current queues. Bring the approval notice, employment letter, recent pay slips if already working, and your degree. A $250 Visa Integrity Fee is due at issuance at posts that have started collecting it.

Alternatives worth considering

The L-1 route is underrated. Joining a multinational in Bangalore, Lagos or Manila and transferring after a year avoids the lottery and the consular-fee fight. The O-1 suits more people than expect it: senior engineers with patents, conference talks and well-above-market salaries often qualify.

If the US door looks shut, compare Canada's visa sponsorship jobs or Germany's EU Blue Card, both of which lead to permanent residence without a lottery.

Frequently Asked Questions

Do I have to pay the $100,000 H-1B fee in 2027?

Not at the time of writing. A federal court vacated the policy in June 2026 and USCIS is not collecting it, even though the proclamation was extended to September 2027. If an appeals court reverses that ruling, the fee could return for new petitions for workers outside the US.

Is the H-1B lottery still random?

No. Since FY2027 it is weighted by wage level: a Level IV salary gets four entries, Level I gets one. It is still a draw, so a high wage improves your odds but does not guarantee selection.

Can I apply for an H-1B myself?

No. A US employer must register you and file the petition. You can, however, apply for an O-1 through an agent, or self-petition for a green card through the National Interest Waiver.

Will an F-1 student switching to H-1B pay the $100,000 fee?

Under the October 2025 guidance, an F-1 to H-1B change of status approved inside the US was not charged. The separate $103,265 proposal would charge cap petitions including changes of status, but it is not final. Our guide to studying in the USA covers OPT and the switch.

How long can I stay on an H-1B?

Six years in total, in three-year blocks. You can extend beyond six years if a PERM or I-140 was filed early enough, or in three-year steps once an I-140 is approved and your priority date is not yet current.

Final Thoughts

For people already in the US on OPT, the H-1B in 2027 is still very workable: push for the highest wage level you can justify, ask whether your employer is cap-exempt, and get a US master's if you are weighing one anyway. For people abroad, it is a riskier bet than it has been in decades, and the L-1, O-1, TN or E-3 may be a smarter first step.

Watch two things before March 2027: the First Circuit appeal on the $100,000 fee and whether DHS finalizes the $103,265 proposal. Either could change the math overnight, and any employer considering you will be watching the same news.