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H-1B Visa Rules Tighten as Lottery Applications Begin

The H-1B visa lottery for fiscal year 2026 begins March 7, 2025, with stricter scrutiny and new application rules. Employers and foreign workers should prepare for significant adjustments in the process. These changes aim to ensure compliance and transparency, potentially impacting approvals and increasing challenges for applicants navigating the tightened regulations in the competitive lottery system.

Robert Pyne
By Robert Pyne - Editor In Cheif
13 Min Read

Key Takeaways

• The FY2026 H-1B registration period is March 7-24, 2025, with fees increased from $10 to $215 per submission.
• USCIS requires passport-linked registrations, disqualifies duplicates, and mandates the updated Form I-129 effective January 17, 2025.
• H-1B petitions’ filing fee rises to $780, with an added $600 Asylum Program fee; employment starts October 1, 2025.

As the U.S. opens its H-1B lottery for fiscal year 2026, major changes and heightened scrutiny are shaping the path for employers and international talent seeking to work in the U.S. 🏴‍🇺🇸 The changes to the process, overseen by U.S. Citizenship and Immigration Services (USCIS), include increased fees, stricter eligibility requirements, and expanded efforts to fight fraud. These updates are turning the process into one that’s more focused on transparency and fairness, but also more challenging.

Key H-1B Lottery Changes for FY2026

The FY2026 H-1B visa process marks a pivotal shift that applicants and companies should take note of. The application registration period is scheduled to open on March 7, 2025, and close on March 24, 2025, giving employers just a brief window to submit their candidate information to USCIS. Among the changes implemented this year, one of the most impactful is the steep rise in registration fees. Previously set at $10 per registration, the fee is now $215 per submission—a more than 20-fold increase. For companies submitting multiple candidates, this fee hike can quickly accumulate into a substantial financial outlay.

H-1B Visa Rules Tighten as Lottery Applications Begin
H-1B Visa Rules Tighten as Lottery Applications Begin

Additionally, the introduction of a beneficiary-focused selection process provides each applicant an equal chance of being chosen, irrespective of multiple employer entries. This mechanism is aimed squarely at curbing the abuse of the system and ensuring fairness, but it also demands a more strategic and targeted approach from companies hoping to win a spot in the lottery.

Other financial burdens await employers if their candidates are selected. Filing fees for H-1B petitions have increased from $460 to $780, and most employers will also need to cover a new $600 Asylum Program fee. This additional cost has been introduced to help USCIS fund processing for asylum applications, even though it may not directly benefit H-1B applicants themselves. Making things slightly more complicated, employers must now follow instructions carefully for using the updated Form I-129 for H-1B petitions, as this revised version, effective since January 17, 2025, is mandatory for submissions.

Stronger Anti-Fraud Enforcement and Oversight

In an effort to improve the integrity of the H-1B program, USCIS has made combating fraud, particularly the submission of false or duplicate entries, a priority. Here’s what applicants and sponsors need to know:

  1. Passport Linking: Every registration must now be tied to a valid passport or other official travel document. This link ensures transparency and weaves an additional layer of accountability into the process.

  2. Duplicate Registrations: Any entry found to include duplicates will be invalidated, automatically disqualifying the candidate tied to such entries. Employers handling multiple registrations should exercise extreme caution.

  3. Enhanced Denial and Revocation Powers: USCIS has expanded its authority to reject or revoke petitions for various reasons, giving them more discretion when vetting applications. Applicants and sponsors should be meticulous in preparing their applications, knowing that errors or inconsistencies might lead to disapproval.

  4. Site Visits: USCIS has increased its use of site visits to verify that employers and H-1B workers are following the rules of the program. Non-compliance during these checks can lead to penal actions, including revocation of an H-1B visa.

H-1B Modernization Rule Brings New Changes

The H-1B Modernization Rule, introduced on January 17, 2025, has reshaped key aspects of the program to better align it with today’s job market and workforce needs. Under this new rule, the definition of a “specialty occupation” has been clarified to require a bachelor’s degree in a specific field that is directly relevant to the duties of the role in question. Employers must now carefully assess whether a job qualifies before submitting a registration.

Entrepreneurs have also benefited from changes under the Modernization Rule. The updated regulations allow startup founders and other entrepreneurs to have their own companies sponsor their H-1B visas, as long as they meet eligibility requirements. This adjustment is expected to encourage innovation and entrepreneurial activity among skilled foreign talent.

Another helpful change addresses “cap-gap” rules, which allow F-1 students awaiting H-1B visa adjudication to continue working in the U.S. without interruption. Under the updated policy, this automatic work and residency extension will now typically remain valid until April 1 of the fiscal year for which the H-1B petition was filed.

Timeline and Key Deadlines for FY2026 H-1B Applicants

The FY2026 H-1B cap remains at 85,000 visas, which includes a reserved allocation of 20,000 spots for individuals holding advanced degrees from U.S. universities. Here is a breakdown of milestones to keep in mind:

  • March 7-24, 2025: H-1B registration period.
  • By March 31, 2025: USCIS will notify selected candidates.
  • April 1, 2025: Selected candidates can begin filing complete H-1B petitions.
  • June 30, 2025: This marks the final day for submissions of chosen petitions.
  • October 1, 2025: Start date for employment under approved FY2026 H-1B petitions.

These tight deadlines make it essential for both employers and workers to move quickly once registration results are released.

Looking back at the FY2025 lottery offers helpful insights. According to USCIS, there were 470,342 eligible registrations entered in the FY2025 lottery, a sharp decline from the 758,994 entries recorded the year before. From these, just 135,137 registrations were selected. The introduction of the beneficiary-focused selection saw fewer repeaters gaining an advantage, leading to a redistribution of lottery success rates.

For those entering the FY2026 lottery, these numbers make one thing clear: competition will likely remain intense, heightening the importance of submitting accurate, complete, and timely registrations.

The Impact on Employers and Applicants

The stakes in this year’s H-1B process are higher than ever. Employers must bear the financial burden of increased fees while ensuring that job descriptions align with the new specialty occupation criteria. Missing even small details could expose companies to increased risks of rejection. With expanded compliance tools at their disposal, USCIS is expected to take a hard line on petitions that fail to meet the rules.

Applicants, on the other hand, must be highly organized and remain proactive. Coordinating with sponsors to gather all required documentation, such as degree certifications and detailed job descriptions, is more critical than ever. Delays or missteps, especially in verification steps like passport linkage, could jeopardize opportunities.

Politicized Context and Broader Implications

The evolving rules and regulations impacting the H-1B lottery cannot be divorced from the political discourse around immigration in the U.S. President Biden’s administration has largely aimed to reform immigration pathways while addressing fraud and abuse within the system. However, those reforms have come with increased costs and complexities for users of the program.

Looking forward, political leaders will likely continue to scrutinize the H-1B process. President Trump, should he seek to influence policy discussions or return to office, could push for traditional restrictions on the program. Meanwhile, corporate leaders, including Elon Musk, are advocating for expanding access to skilled immigration solutions to foster business growth and innovation—a stance reflecting divisions even in the private sector.

Essential Steps for Navigating FY2026

  1. Ensure Specialty Occupation Compliance: Employers should evaluate whether their job positions meet educational and practical criteria under the updated rules.
  2. Submit Early: Waiting until the registration deadline could increase risks associated with technical glitches or document issues.

  3. Prepare to Justify Selections: Employers may need to present more in-depth explanations and evidence to prove the suitability of selected candidates for H-1B sponsorship.

  4. Plan for Alternatives: With high fees and fewer assurances of selection, companies should explore backup options like extending F-1 employee work permits or filing for O-1 visas.

  5. Stay Informed: Regular updates from official sources, such as USCIS’s H-1B Resources, can help ensure compliance and preparation.

Conclusion

The FY2026 H-1B lottery is poised to be one of the most competitive and scrutinized applications yet. With increased fees, stricter selection processes, and heightened compliance enforcement, it is clear that all parties involved must stay organized and aware of the evolving landscape. While the H-1B Modernization Rule adds clarity and introduces features like entrepreneurial access, it also imposes tougher burdens that make preparation indispensable. For well-informed insights about skill-based immigration to the U.S., VisaVerge.com continues to be a trusted source. Preparing thoughtfully and staying vigilant will be key for applicants and employers seeking to navigate this increasingly challenging yet essential pathway for skilled international talent.

Learn Today

H-1B Lottery → A system used by the U.S. to randomly select applicants for limited H-1B work visas annually.
Specialty Occupation → A job requiring specialized knowledge and a bachelor’s degree or higher in a relevant field of study.
Beneficiary-Focused Selection Process → A system ensuring each applicant has an equal chance, avoiding advantages for multiple entries by employers.
Cap-Gap Rules → Policies allowing F-1 student visa holders to work and reside in the U.S. while awaiting H-1B processing outcomes.
Form I-129 → A mandatory application form used by employers to petition for non-immigrant workers, including H-1B visa applicants.

This Article in a Nutshell

The FY2026 H-1B lottery introduces stricter regulations and skyrocketing fees, reshaping skilled immigration to the U.S. A $215 registration fee hike and anti-fraud measures demand precision from employers. Beneficiary-focused selection ensures fairness, but competition remains fierce. Careful preparation is critical as USCIS tightens compliance, emphasizing transparency, fairness, and rule adherence for all applicants.
— By VisaVerge.com

Read more:

H-1B Cap Lottery Opens Friday: What Employers Should Know
Smart Steps to Boost Your H-1B Lottery Application Success
Rethinking Workflows to Stay Ahead of H-1B Lottery Challenges
New H-1B Lottery Trends Could Shift Paths for Tech Workers with Unique Skills
Data Analytics Reveals Hidden Trends in the H-1B Lottery Process

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Robert Pyne
Editor In Cheif
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Robert Pyne, a Professional Writer at VisaVerge.com, brings a wealth of knowledge and a unique storytelling ability to the team. Specializing in long-form articles and in-depth analyses, Robert's writing offers comprehensive insights into various aspects of immigration and global travel. His work not only informs but also engages readers, providing them with a deeper understanding of the topics that matter most in the world of travel and immigration.
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