For those hoping to work in the United States on H-1B visas, including F-1 students planning to switch status, now face a new selection system and a fast changing set of rules. The US began using a wage-weighted H-1B lottery on October 1,2026, the start of fiscal year 2027 (FY 2027).
How the new lottery works
The Department of Homeland Security(DHS) issued the final rule for the new system on February 27,2026. Selection is still random but each registration is weighted by the wage level of the job offered, based on OEWS wage levels. Higher-paid jobs get more entries in the draw.
The numbers have not changed. The regular cap stays at 65,000 with 20,000 extra slots for people who hold a US master's degree or higher. The new method applies to cap-subject petitions with an employment start date of October 1,2026 or later.
For F-1 students, the cap gap period FY 2027 ended on September 30,2026. H-1B status begins on October 1, 2026.
The $100,000 fee and the court ruling
The $100,000 fee on certain new H-1B entries was first imposed by Proclamation 10973 on September 19,2025. On September 18,2026 President Trump extended it for 12 more months, through September 21,2027. The White House said the move is meant to curb abuses that displace U.S workers and undermine national security.
The fee does not apply to renewals. It also does not apply to many people already in the US on student visas who change to H-1B status. Federal courts have now blocked the fee. A second judge, US District Judge Haywood Gilliam in Oakland, California, ruled that US Citizenship and Immigration Services and the State Department did not follow the required rule making process. The ruling also covers the September 2026 extension. Because of the court orders, the fee is not currently being collected.
More scrutiny of employers
Trump also signed an executive order on September 18, 2026. It tells the State, Labor and Homeland Security departments to work with the Commerce and Education departments and the Small Business Administration when they review H-1B petitions, labor conditions applications and visa applications.
Agencies must also consider whether an employer has recently laid off, or plans to lay off, US workers in similar jobs. The White House said the order aims to improve program integrity where there is a higher risk that American workers could lose their jobs. The Labor Department is to begin reviewing data from earlier labor condition applications within 30 days.
Fee and processing changes
A DHS rule that took effect on August 10,2026 doubled the 9/11 Response and Biometric Entry-Exit fee for H-1B extensions, from $2,000 to $4,000. On August 25,2026 DHS also published a proposed rule for a $103,265 fee on most new cap-subject H-1B petitions. It is only a proposal for now.
A USCIS policy update on August 5,2026 also lets officers deny some cases without first sending a request for evidence (RFE) or a notice of intent to deny (NOID) when required evidence is missing or not enough.
Rules in this area are changing quickly. Anyone affected should consult a licensed immigration attorney for their specific case.
