Barquet Stege | H1-B Visa Update Newsletter (2026 Cap Season)

Overview of the H-1B Visa
The H-1B visa is a temporary (nonimmigrant) visa that allows U.S. employers to hire foreign
workers in specialty occupations. These roles require highly specialized knowledge and at least a
bachelor’s degree (or equivalent) in a related field. Common industries include technology,
engineering, healthcare, and business.

Major Update: New Weighted Lottery System
One of the most important recent changes is the shift from a purely random lottery to a weighted
selection system.

How It Works
Instead of each applicant having an equal chance, each H-1B registration is assigned a weight
based on the Department of Labor (DOL) prevailing wage level tied to the position.
• Level 4 (highest wage): Beneficiary entered 4 times in the lottery
• Level 3: Beneficiary entered 3 times in the lottery
• Level 2: Beneficiary entered 2 times in the lottery
• Level 1 (entry-level): Beneficiary entered once in the lottery

What This Means
• Higher-paying, more senior roles now have a greater probability of selection
• Entry-level candidates face relatively lower odds

Key Timeline (2026 Cap Season)
• Registration Period: Now through March 19
• Selection Results: Late March – Early April
• Petition Filing Deadline: June 30
• Start Date: October 1

New Fee: $100,000 for Certain Petitions
Another critical update is the introduction of a significant new filing fee.

$100,000 Fee (Effective September 21, 2025)
Applies to:
• New H-1B petitions for applicants located abroad

Does NOT apply to:
• Extensions
• Change of status cases within the U.S

Impact
• Substantially increases cost of hiring international talent from outside the U.S.
• May shift employer strategy toward candidates already in the U.S.
• Requires early financial planning and case selection

What Happens After Selection
Employers must file a full H-1B petition, including:
• Form I-129
• Certified Labor Condition Application (LCA)
• Evidence of:
o Specialty occupation
o Candidate qualifications
o Employer-employee relationship

Cap-Exempt Employers
Some employers can bypass the lottery entirely, including:
• Universities and higher education institutions
• Nonprofit organizations affiliated with universities
• Government or nonprofit research organizations

These petitions can be filed year-round.

Duration & Extensions
• Initial stay: up to 3 years
• Maximum: 6 years total
• Extensions beyond 6 years may be available if a green card process is underway

Compliments of Barquet Stege – a member of the EACCNY