New H-1B Rules: Weighted Lottery, Fees, and Enforcement

The new H-1B rules that took effect for the FY 2027 cap season change how USCIS picks workers from the annual pool of 85,000 visas. Two shifts matter most: each person is now counted once in the lottery no matter how many employers register them, and registrations tied to higher-paying job offers are entered into the selection pool more times than lower-paying ones. The rules also update specialty occupation standards, drop the old itinerary requirement for off-site work, revise several fees, and formally authorize unannounced worksite inspections. The initial registration window for FY 2027 ran March 4 through March 19, 2026.¹

One Registration Per Person, Not Per Employer

Under the old lottery, every registration an employer filed counted as a separate entry. A worker with five job offers had five shots; a worker with one offer had one. The beneficiary-centric model ends that. USCIS now counts each unique person once, identified by passport or travel document number, regardless of how many employers register them.²

If USCIS selects a beneficiary, every employer that filed a valid registration for that person receives a selection notice and can file a full petition.³ The worker decides which employer to move forward with, and can have more than one petition filed and pick later. Multiple job offers no longer boost selection odds, but they still expand your choices after selection.

One practical trap: every employer registering you must use the same passport number, ideally the one you plan to travel on when entering the United States. Registrations tied to different passports could be treated as separate individuals, which defeats the whole point of the single-count rule.²

A related question the rule answers: related companies (a parent and a subsidiary, say) can each file registrations for the same worker. DHS considered banning that specifically and declined, because counting each person once already neutralizes the duplication. USCIS will still invalidate true duplicates filed by the same registrant.⁴

The Lottery Is No Longer Purely Random

This is the biggest substantive change. USCIS now enters each registration into the selection pool a number of times based on the offered wage’s relationship to the prevailing wage for that occupation and location:²

Wage Level I, entry-level, is entered once.
Wage Level II, qualified, is entered twice.
Wage Level III, experienced, is entered three times.
Wage Level IV, fully competent, is entered four times.

The levels track percentiles in the Bureau of Labor Statistics Occupational Employment and Wage Statistics data: Level I sits around the 17th percentile for that job and location, Level II at the 34th, Level III at the median, and Level IV at the 67th. A Level IV registration is roughly four times more likely to be selected than a Level I registration for the same occupation and location.³

During registration, the employer picks the highest OEWS wage level that the offered salary equals or exceeds for the applicable occupation code and work location. If the offered wage is stated as a range, use the lowest number in the range to determine the level.² Overstating the level, or picking a level the salary doesn’t actually support, can lead to denial or later revocation. Employers can look up the applicable prevailing wage through the DOL’s online wage search.⁵

The practical effect: entry-level offers for a given occupation face materially lower selection odds than offers at or above the median. If you have flexibility on the offer letter, the wage level attached to that offer is now one of the most consequential numbers in the entire process.

Specialty Occupation and Third-Party Worksites

The H-1B remains limited to positions that require specialized knowledge and at least a bachelor’s degree in a specific field. A role qualifies as a specialty occupation if the degree is normally required for entry into that position, the degree requirement is standard across the industry, the employer has always required it, or the duties are so specialized that a degree is the only realistic preparation.²

Updated guidance clarifies that a job can still qualify when more than one field of study prepares someone for it. A data science role that accepts statistics, computer science, or mathematics degrees isn’t disqualified by that flexibility. What matters is that a directly related bachelor’s or higher is genuinely necessary, not just preferred, and that the employer can tie the required degree to the actual duties.

The longstanding itinerary requirement for H classifications has been eliminated. Employers no longer submit a detailed schedule of work locations for the full visa period. For workers placed at third-party client sites, the petition must show that the work itself is a specialty occupation and that the employer has a genuine job offer as of the requested start date. The former “employer-employee relationship” test has been replaced with a “bona fide job offer” standard.

Workers whose qualifying degree was earned abroad still need a formal credential evaluation showing U.S. equivalency in the relevant field, with certified translations for any non-English documents. Start that evaluation early: the post-selection filing window is short, and evaluations can take several weeks.

Fees Under the New Rules

Fees changed enough that submitting the wrong amount will get a petition rejected outright. The pieces:

The electronic registration fee is $215 per beneficiary, paid during the registration window and nonrefundable whether or not the beneficiary is selected.¹

If selected, the employer files Form I-129 and pays several additional fees. The base I-129 filing fee varies by employer size and was revised under the 2024 fee rule; check the current USCIS fee schedule before filing. On top of that:

The Asylum Program Fee is $600 for most employers, or $300 for small employers with 25 or fewer full-time equivalent employees. Size can be documented with IRS Form 941 or Form 943.⁶
The Fraud Prevention and Detection Fee of $500 applies to initial H-1B petitions.
The Public Law 114-113 fee of $4,000 applies to employers with 50 or more U.S. employees when more than half hold H-1B or L-1 status.⁷

Premium processing is optional and paid by the employer, not the worker. As of March 1, 2026, the premium processing fee for an H-1B petition is $2,965, and it guarantees USCIS will approve, deny, or issue a request for additional evidence within 15 business days.⁸ It doesn’t guarantee approval.

How Registration and Filing Actually Work Now

The process runs in two phases, and mixing them up is a common mistake.

Registration

Employers use their USCIS online account to submit a registration for each beneficiary during the annual window and pay the $215 fee. The registration itself is short: employer basics, the beneficiary’s passport details, the offered wage, the occupation code, and the work location. No supporting documents at this stage.¹

After the window closes, USCIS runs the weighted selection. For FY 2027, USCIS intended to send selection notifications through online accounts by March 31, 2026.¹ Non-selected registrations stay in “Submitted” status; USCIS doesn’t formally notify non-selected registrants until it confirms the cap is reached, which can take weeks or months.³

Petition Filing

Selected employers have at least 90 days to file the full Form I-129 petition with supporting documentation, a certified Labor Condition Application, evidence of the beneficiary’s qualifications, and the required fees.⁹ The standard employment start date is October 1, the beginning of the federal fiscal year.

The LCA is not optional. USCIS requires it as part of the I-129 submission for specialty occupation petitions.¹⁰ By filing it, the employer attests it will pay at least the prevailing wage and that hiring the worker won’t harm the working conditions of similarly employed U.S. workers. The LCA has to be certified before the H-1B petition is filed, so employers should start the DOL process within days of receiving a selection notice. Employers must also maintain a public access file for each H-1B worker containing the certified LCA, wage documentation, and evidence that notice of the filing was posted at the workplace; DOL audits these files and gaps lead to fines or debarment.

Site Visits and Fraud Enforcement

USCIS has codified its authority to conduct unannounced site visits at any location where an H-1B worker performs services. Officers can arrive without notice and speak with the H-1B worker, other employer staff, and third parties present at the worksite to verify that the job, worksite, and terms match the petition.¹¹

Refusing to cooperate, or being unavailable, can result in denial or revocation of the petition for any worker at that location. That includes third-party client sites: if the client refuses entry to USCIS officers, the H-1B employer’s petition is at risk. False information during registration or filing can trigger criminal investigation or civil penalties, and an approved petition can be revoked retroactively if fraud surfaces later.¹¹

If You’re Not Selected

Non-selection remains the most likely outcome. Registrations far exceed the 85,000 cap every year.¹² A “Submitted” status after the initial round isn’t the end. USCIS sometimes runs additional selection rounds later in the year if selected registrants don’t follow through with full petitions, and registrations stay in the pool until USCIS declares the cap reached.

If the cap fills and your registration is passed over, the usual next moves are reapplying in the next fiscal year’s cycle, seeking work with a cap-exempt employer (universities, nonprofit research organizations, and government research entities affiliated with a higher education institution), or exploring another visa category. Cap-exempt employers can file H-1B petitions year-round without going through the lottery at all.¹² If you’re already in the country in another status, plan the switch before the current status runs out; the new rules did not change status-maintenance requirements.

1
U.S. Citizenship and Immigration Services. FY 2027 H-1B Cap Initial Registration Period Opens on March 4
2
eCFR. 8 CFR 214.2 – Special Requirements for Admission, Extension, and Maintenance of Status
3
U.S. Citizenship and Immigration Services. H-1B Electronic Registration Process
4
U.S. Citizenship and Immigration Services. H-1B Electronic Registration Frequently Asked Questions
5
U.S. Department of Labor. OFLC Wage Search
6
U.S. Citizenship and Immigration Services. Frequently Asked Questions on the USCIS Fee Rule
7
U.S. Citizenship and Immigration Services. Fee Increase for Certain H-1B and L-1 Petitions (Public Law 114-113)
8
U.S. Citizenship and Immigration Services. USCIS to Increase Premium Processing Fees
9
U.S. Citizenship and Immigration Services. FY 2027 H-1B Initial Registration Selection Process Completed
10
U.S. Citizenship and Immigration Services. H-1B Specialty Occupations
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U.S. Citizenship and Immigration Services. Administrative Site Visit and Verification Program
12
U.S. Citizenship and Immigration Services. H-1B Cap Season