Can a new startup sponsor an H-1B in 2026?

but the $100,000 fee and weighted lottery make it difficult for smaller companies.

Is the Master’s Cap still 20,000?

The Master’s Cap remains 20,000, and the Regular Cap is 65,000.

What happens if I lose my job while on H-1B?

You typically have a 60-day grace period to find a new sponsor.

USA H-1B Visa Process Overview 2026: Details on the New $100K Fees and Lottery Rules

Understanding the American immigration system in 2026 has become more complex than ever. Whether you are an employer looking to hire global talent or a professional dreaming of working in the United States, this “USA H-1B Visa Process Overview 2026” is your essential roadmap.

Major changes have arrived in the H-1B program this year. From a massive $100,000 “supplemental fee” to a new “weighted selection system,” the old standard lottery system has been replaced. This guide details every update, fee, and deadline to help increase the chances of your petition’s success.

1. Registration and Lottery: The New “Weighted” Reality

Initial registration for the FY 2027 cap (beginning March 2026) is no longer based solely on a random drawing.

Key Registration Dates:

Window Opens: Early March 2026 (Expected March 6 to March 23).
Selection Notification: By March 31, 2026.

Beneficiary-Centric and Weighted Selection:

USCIS continues to use “beneficiary-centric selection,” meaning an individual’s name enters the lottery only once, regardless of how many employers register them. However, as of February 27, 2026, selection is now based on “wage levels”:

Level 4 (Highest): 4 entries in the pool.
Level 3: 3 entries.
Level 2: 2 entries.
Level 1 (Entry Level): Only 1 entry.

Expert Tip: To properly utilize the MyUSCIS Organizational Account, employers must determine the correct OEWS (Occupational Employment and Wage Statistics) tier before registration, as your lottery success now depends on it.

2. The $100,000 Supplemental Fee: Who Must Pay?

The most debated update in the 2026 process is “Presidential Proclamation 10973.” Starting in late 2025, this additional $100,000 fee is mandatory for specific new H-1B petitions. The goal is to “protect American workers” and ensure visas are reserved for high-value roles.

Category	Is the $100k Fee Mandatory?
New Petitions (Consular Processing)	Yes
H-1B Extensions (Same Employer)	No
H-1B Transfers (Change of Employer)	Case-by-case (Usually ‘Yes’ for the first entry)
National Interest Waiver (NIW) Holders	Exempt

Note: Employers must provide proof of payment via Pay.gov when filing Form I-129.

3. Petition and Filing: April–June 2026

If you are selected in the March lottery, the real work begins. You typically have a 90-day window to submit the full petition.

Required Documents:

Labor Condition Application (LCA): Must be certified by the Department of Labor.
Form I-129: The primary petition form for a non-immigrant worker.
Specialty Occupation Evidence: Proof that a specific degree is mandatory for the role.

Processing Time and RFE:

RFEs (Requests for Evidence) are expected to increase in 2026. USCIS is strictly scrutinizing the definition of “Specialty Occupation” and the “Employer-Employee Relationship.”

Premium Processing (Form I-907): You can receive a decision within 15 days by paying an additional fee.

Also Read:Professional Dress Code and Office Norms for Finance Jobs in Singapore

4. Strict Scrutiny and Social Media Screening

The Department of State has increased screening for H-1B and H-4 applicants.

Social Media Review: Providing social media handles for the last 5 years is now mandatory.
Public Settings: It is advised to keep accounts “public” during vetting to avoid delays.
Consular Delays: These additional checks are causing long wait times for interviews in countries like India and China.

5. Status, Timing, and “Cap-Gap”

For those already in the US (such as F-1 students), timing is critical.

October 1 Start Date: This is the day the H-1B status becomes active.
Cap-Gap Extension: This allows F-1 students to continue working until October 1 while their H-1B is pending.

(FAQs): USA H-1B Visa Process Overview 2026

Can a new startup sponsor an H-1B in 2026?
but the $100,000 fee and weighted lottery make it difficult for smaller companies.
Is the Master’s Cap still 20,000?
The Master’s Cap remains 20,000, and the Regular Cap is 65,000.
What happens if I lose my job while on H-1B?
You typically have a 60-day grace period to find a new sponsor.

Next Steps:

The 2026 H-1B season is the most expensive and competitive in history. If you have questions, comment below or share this guide with your friends!

Disclaimer: This article is for informational and educational purposes only. Immigration laws change rapidly. Readers are advised to check the official USCIS.gov website or consult with a legal expert (immigration attorney) before making decisions.