- within Immigration topic(s)
Pabian Law Clients and Friends,
As we enter into the new year, we wanted to reach out to notify you of the upcoming 2026 H-1B visa lottery process.
As background, H-1B visas are the most common type of U.S. visas. They allow people to work in the U.S. on a year-round basis for an initial three-year term. To qualify, a person must have the equivalent of a U.S. Bachelor's degree and be coming to the U.S. to work in a job that requires a Bachelor's degree in the foreign national's field of study.
Jobs that are viable for an H-1B visa are roles that require at least a Bachelor's degree. For example, in the hospitality industry, these jobs tend to be managerial in nature, such as Food and Beverage Manager or Housekeeping/Lodging Manager. Jobs that are not viable for an H-1B visa are roles like Server, Cook, or Golf Professional.
If you have any employees that you are considering sponsoring for H-1B visas, now is the time to reach out to us to discuss next steps. There is only one time each year that organizations can apply for workers who do not already have H-1B visas, and that is in early March.
In the fall of 2025, the Administration had announced an additional $100, 000 filing fee for H-1B petitions. However, this new fee only applies to a narrow set of circumstances where the employee is outside the U.S. at the time the H-1B status will start. Petitions for people who are changing status to H-1B in the U.S. will not be subject to the fee.
Another new rule was recently implemented according to which USCIS will require us to provide a wage level between 1 and 4 for the job based on the Department of Labor's Occupational wage system. The highest paid, most experienced roles will have a larger chance of being selected in the cap than entry-level positions. We expect there to be lawsuits challenging this rule and it may not come into effect.
Please find this document that provides an overview of the H-1B visa lottery registration process (linked). USCIS has not yet announced the exact dates of the lottery, but we expect the lottery registration window to open on or around March 1, 2026, and to be open for 2-3 weeks. If you do not submit a registration within the filing window, you will be forced to wait an entire year before having another opportunity to sponsor someone for an H-1B visa.
March will be here before we know it! If you have any employees that you would like to consider for the H-1B visa, please reach out to us right away.
Thank you,
Keith and the Pabian Law Team
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
