H-1B 2026 Season: What You Need to Know Before the Lottery Opens
- Canero Fadul Reis Law

- Mar 3
- 4 min read

The H-1B season is starting, and if you are considering working in the United States under this visa category, now is the time to prepare.
Every year, many talented professionals miss the opportunity simply because they did not understand the timeline or waited too long to act. The H-1B process happens only once per year, and timing is critical.
In this guide, we will explain the basics of the H-1B visa, the timeline for the 2026 lottery, and some important updates that applicants and employers should understand.
The H-1B Lottery Happens Once a Year
The H-1B process is a two-step system.
Step 1: H-1B Lottery Registration
For the 2026 season, the registration window runs from March 4 through March 19.
Employers must submit registrations for potential candidates during this period. If you miss this window, you will need to wait until the next year to participate.
Step 2: Petition Filing
Once the lottery is completed:
Selection results are typically announced around April 1
Selected applicants have until June to file the full petition
If approved, the employee can begin working October 1, 2026
Because the lottery opens for only two weeks each year, preparation before the window opens is extremely important.
What Is the H-1B Visa?
The H-1B visa is a non-immigrant work visa designed for specialty occupations.
These are positions that require:
At least a bachelor’s degree, or
The equivalent of 12 years of professional experience
To qualify, applicants must also have a job offer from a U.S. employer.
How Long Does the H-1B Visa Last?
The H-1B visa can be granted for up to six years.
Typically, it is issued as:
An initial period of three years
An extension of three additional years
If the employee spends time outside the United States, those days can sometimes be recaptured and added back to the H-1B period.
One Major Benefit: Dual Intent
The H-1B visa is unique because it allows dual intent.
This means that you can:
• Work temporarily in the United States• Pursue permanent residency (a green card)
without jeopardizing your H-1B status.
This makes it one of the most flexible employment visas available.
Can Family Members Come With You?
Yes.
H-1B visa holders can bring dependents under H-4 visas.
Dependents may include:
Spouses
Children under 21
Children can attend school in the United States.
Spouses typically cannot work, but they are allowed to live in the U.S. with the H-1B holder.
Understanding the H-1B Lottery for 2026
There are 85,000 total visas available each year.
These are divided into:
65,000 regular cap visas
20,000 visas reserved for individuals with U.S. master’s degrees
Applicants with U.S. master’s degrees benefit from two chances in the lottery:
The master’s cap lottery
The regular cap lottery
This increases their probability of selection.
New Update: Salary-Based Selection
One of the major updates to the program is the introduction of salary-based selection weighting.
This means the lottery may consider wage levels associated with the job offer.
Higher wage levels may increase the probability of selection.
However, many applicants misunderstand this rule and assume they are not competitive if their salary is lower.
That is not necessarily correct.
Selection depends on legal strategy, including:
Position classification
Job duties
Work location
Prevailing wage level
Each case requires individual analysis, and this is where strategic legal guidance becomes important.
The $100,000 Fee: Who Does It Apply To?
Another topic creating confusion is the $100,000 fee introduced under a presidential proclamation.
Many people believe this fee automatically applies to all H-1B cases, but that is not entirely accurate.
The fee only applies in certain circumstances.
For example:
If You Are Changing Status Inside the U.S.
If you are currently in the United States on another visa (such as F-1 student status) and apply for H-1B through change of status, the $100,000 fee does not apply.
This is an important advantage.
However, if you later travel abroad and need to obtain a visa stamp at a U.S. consulate, the fee could potentially be triggered.
National Interest Exemptions
In some situations, applicants may request a national interest exemption.
This requires demonstrating that the applicant’s work benefits the United States.
Approval is discretionary and determined by the government, but it can be explored as part of the legal strategy.
Why Fewer Applicants May Increase Your Chances
Because of these new requirements and fees, many applicants are discouraged from entering the lottery.
Ironically, this could mean fewer total registrations, which may increase the probability of selection for those who do apply.
Special Note for TPS Holders and Venezuelan Applicants
Many individuals previously in Temporary Protected Status (TPS) are now pursuing other immigration options.
If you have a pending change of status, such as an F-1 application, it may still be beneficial to participate in the H-1B lottery if you have an employer willing to sponsor you.
The lottery only opens once per year, and participating ensures you keep the option available.
Key H-1B Timeline for 2026
Here are the most important dates to remember:
Registration WindowMarch 4 – March 19
Lottery Selection ResultsAround April 1
Petition Filing DeadlineJune 2026
Employment Start DateOctober 1, 2026
Final Takeaways
The H-1B visa remains one of the best opportunities for skilled professionals to work in the United States.
But the process is competitive, and success depends on preparation.
Remember:
• The lottery only opens once per year
• The registration window is March 4 through March 19
• Strategic legal planning can improve your chances• New rules may reduce competition this year
The H-1B process today is not just about luck.
It is about strategy, timing, and preparation.
Considering the H-1B Lottery for 2026?
If you are an employer or professional considering the H-1B visa, now is the time to prepare.
The team at Canero Fadul Reis Law helps clients evaluate eligibility, develop strategy, and prepare registrations before the lottery opens.
Schedule a consultation with our office to discuss your case and ensure you are ready when the registration window begins.














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