The 2026 H-1B season isn’t just another visa cycle — it’s poised to be one of the most consequential in recent years for HR leaders navigating talent planning, compliance, and global hiring strategy. As U.S. immigration policy and USCIS processes undergo significant shifts, HR departments must be proactive, not reactive.
From changes to registration rules to a sweeping new $100,000 fee on new H-1B petitions, the landscape is evolving fast. For HR, that means risks of missteps are higher — and opportunities to gain a competitive hiring edge are front and center.
In this blog, we’ll unpack what HR needs to know: from the nuts and bolts of the 2026 cap season and registration timeline, to compliance considerations and strategic workarounds. But first, let’s set the stage with what’s changing and why 2026 matters more than past years.
Key Changes for the 2026 H-1B Lottery
What Is the H-1B Lottery?
The 2026 H-1B season allows U.S. employers to hire foreign professionals in specialty occupations, usually in areas like technology, engineering, finance, and healthcare. Each year, only 85,000 new H-1B visas are available — 65,000 under the regular cap and 20,000 reserved for workers with advanced degrees from U.S. institutions. Because applications far exceed this cap, the U.S. Citizenship and Immigration Services (USCIS) runs a lottery system each spring to randomly select which registrations may move forward. For HR teams, the lottery is the first — and often most unpredictable — step in hiring international talent.
What’s Different in 2026
The H-1B lottery has always been a high-stakes process for HR leaders, but the 2026 season introduces some of the most significant changes in years. These updates directly affect how employers budget, plan, and compete for global talent:
- The New $100,000 Petition Fee
As of September 21, 2025, employers filing a new H-1B petition must pay a one-time $100,000 fee. (USCIS)
- Applies only to new petitions filed under the FY 2026 cap.
- Does not apply to renewals, amendments, or existing H-1B holders.
- Requires employers to rethink hiring budgets and coordinate more closely with finance teams.
- Beneficiary-Centric Registration
Continuing a change introduced in 2025, USCIS now uses a beneficiary-centric system, ensuring each foreign national can only be entered once in the lottery — regardless of how many employers submit registrations for them. (American Immigration Council)
- Reduces fraud and duplicate entries.
- Creates a fairer playing field, especially for smaller employers.
- Requires HR to coordinate carefully with candidates to avoid conflicts.
- Weighted Lottery Proposal Based on Wages
In September 2025, the Department of Homeland Security (DHS) proposed a regulation that would weight lottery chances in favor of higher-paid roles. (Source: Holland & Knight)
- Wage Level 4: four entries.
- Wage Level 3: three entries.
- Wage Level 2: two entries.
- Wage Level 1: one entry (status quo).
If adopted, this would encourage employers to raise wage levels for certain roles but could disadvantage entry-level hiring. HR teams should track this closely since it may alter recruitment strategies.
- Drop in Registration Volume
For FY 2026, USCIS reported a 26.9% decrease in eligible registrations compared to the prior year — from ~470,000 in FY 2025 to ~344,000. (USCIS Data)
- The decline stems largely from stricter fraud controls and the beneficiary-centric approach.
- While odds of selection are slightly better, competition remains intense given the 85,000 total cap.
Updated H-1B Cap and Quota Details
Every H-1B season revolves around the same hard limit: 85,000 visas available under the annual cap. For HR professionals new to the process, here’s how it breaks down:
- Regular Cap: 65,000 visas are available for foreign workers with at least a bachelor’s degree (or equivalent).
- Master’s Cap (Advanced Degree Exemption): An additional 20,000 visas are reserved for workers who hold a master’s degree or higher from a U.S. institution.
Once USCIS receives enough electronic registrations, the lottery determines which candidates advance. The advanced degree exemption gives those with U.S. master’s or higher degrees an advantage — they are entered into the master’s cap lottery first, and if not selected, they are then placed into the regular cap lottery for another chance.
For HR teams, the fixed quota means:
- Expectations must be managed. Even highly qualified candidates may not secure a slot, so workforce plans should include contingencies.
- U.S. degrees can be a differentiator. Candidates with advanced U.S. degrees enjoy better odds, making this an important consideration when forecasting talent pipelines.
- Competition is built into the system. With far more registrations submitted than visas available, planning ahead is critical to reduce disruption.
Registration and Filing Timeline for 2026
The H-1B process runs on a strict calendar each year, and missing a date means waiting until the next cycle. For the 2026 season, USCIS is continuing with its online registration system. Here’s what the timeline looks like for HR teams:
- March: Employers create or log in to their USCIS online accounts and submit basic information about the company and each candidate they want to register. The registration period usually stays open for about two weeks.
- Late March: USCIS closes the registration system and runs the lottery. Employers can check their USCIS accounts to see if their candidates were selected.
- April through June: If a candidate is selected, the employer can file the full H-1B petition with all required paperwork and fees. This three-month filing window is the only chance to submit petitions under the 2026 cap.
- October: Approved H-1B employees can officially start working in the U.S. under the new visa.
What HR Should Keep in Mind
- Start early. Collect candidate information and documents before March so nothing gets left out.
- Coordinate with legal and finance. The new $100,000 fee for fresh petitions means closer budgeting and compliance checks.
- Watch for USCIS updates. While the schedule is fairly predictable, USCIS sometimes announces small changes that can affect planning.
Compliance and Risk Management
For HR teams, getting through the H-1B lottery isn’t only about deadlines and paperwork — it’s also about avoiding compliance mistakes that could put the company at risk. USCIS has tightened oversight in recent years, so HR should be extra cautious in 2026.
Avoid Duplicate or Conflicting Registrations
Under the beneficiary-centric system, each candidate can only be entered once in the lottery. If multiple employers register the same person, USCIS will flag the case and may deny petitions.
- Example: A software engineer registered by both a startup and a larger tech firm may end up disqualified entirely. HR must confirm whether candidates are pursuing sponsorship elsewhere.
Watch Out for Fraud and Misrepresentation
USCIS has increased fraud detection efforts, including verifying employer details and checking for sham job offers. Even unintentional errors — like mismatched job titles or using the wrong company address — can raise red flags.
- Example: A consulting firm listed a candidate’s role as “Data Analyst” on the registration but “Data Engineer” on the petition. The inconsistency triggered a Request for Evidence (RFE) that delayed the case for months.
Keep Strong Documentation
HR should keep a clear record of:
- Job descriptions and offered wages
- Evidence of the candidate’s degree and qualifications
- Internal approvals, budgets, and communications
This documentation not only ensures accuracy but also helps defend the company in case of audits or site visits.
Plan for Denials or Delays
Even after winning the lottery, petitions can still be denied if USCIS questions the specialty occupation, the employer’s ability to pay, or the candidate’s qualifications.
- Example: A petition for a marketing role was denied because USCIS didn’t consider it a “specialty occupation” requiring a specific bachelor’s degree. The employer had to reassign the candidate’s work overseas.
Employer Strategies to Stay Competitive
The H-1B cap makes hiring foreign talent unpredictable, but HR leaders can still stay competitive with the right mix of planning and flexibility.
Plan Workforce Needs Early
Since H-1B registrations open in March, HR should align with hiring managers in late fall or early winter to identify roles that may require sponsorship. Early planning helps avoid last-minute scrambles and ensures budgets account for the new $100,000 petition fee.
Explore Alternatives Beyond H-1B
While the H-1B is the most common work visa, it’s not the only path. HR teams can build resilience by considering:
- STEM OPT Extensions: Allows recent U.S. graduates in STEM fields to work for up to three years after graduation.
- L-1 Visas: For intracompany transfers of employees from overseas offices.
- TN Visas: Available under the USMCA for Canadian and Mexican professionals.
- O-1 Visas: For individuals with extraordinary ability in the sciences, arts, or business.
Support Employees with Clear Communication
The H-1B process can be stressful for employees waiting for lottery results. HR should set expectations early, explain the odds, and share contingency plans in case petitions aren’t selected. Transparent communication builds trust and reduces anxiety.
Leverage Technology for Compliance
Tools like AttendanceBot can help global HR teams stay on top of time-off tracking, leave balances, and compliance documentation. While it won’t file petitions, it ensures the rest of HR operations run smoothly, freeing bandwidth for immigration planning.
Key Dates for the 2026 H-1B Season</b>
The H-1B process runs on a strict calendar each year, and missing a deadline means waiting until the next cycle. For FY 2026, here are the confirmed dates:
- March 7, 2025 (noon Eastern): Registration window opens for employers to submit beneficiary registrations.
- March 24, 2025 (noon Eastern): Registration window closes.
- By March 31, 2025: USCIS will notify employers of selected registrations.
- April 1 – June 30, 2025: Filing window for H-1B petitions based on selected registrations.
- October 1, 2025: Approved H-1B workers may begin employment under the new visa status.
Source: USCIS H-1B Electronic Registration Process
Trends to Watch in 2026 and Beyond
While the H-1B system remains the backbone of U.S. skilled immigration, several trends are reshaping how employers should approach it:
- Higher Cost, Higher Scrutiny: With the new $100,000 petition fee for fresh cases, USCIS aims to curb abuse and discourage frivolous filings. Employers will face tighter budget considerations and closer internal approvals.
- Beneficiary-Centric Selection: By tracking registrations by individual, USCIS is cracking down on multiple entries for the same candidate. This levels the playing field but requires closer communication between employers and candidates.
- Shift Toward Merit and Wages: Policymakers continue to discuss shifting the selection process toward candidates with advanced degrees or higher salaries. Even if not in place for 2026, HR should be prepared for changes in future cycles.
- Global Talent Competition: Countries like Canada and Australia are streamlining their skilled visa processes, offering faster, more predictable alternatives. U.S. companies may need to weigh these against H-1B when planning global workforce strategies.
- Employee Experience Matters: The Uncertainty of the Lottery Impacts Morale. Employers investing in transparent communication, mental health support, and backup options (like remote roles abroad) are more likely to retain top talent.
Conclusion
The 2026 H-1B season brings higher costs, tighter rules, and more competition for employers and employees alike. HR leaders who plan early, stay compliant, and support their workforce through the uncertainty will be best positioned to succeed. Keeping an eye on deadlines and policy updates is the key to navigating this year’s process with confidence.
For HR teams looking to simplify compliance and keep processes on track, tools like AttendanceBot can help streamline workforce management right where work happens — in Slack or Microsoft Teams.
