H-1B Lottery: March 4 – March 19, 2026

As the FY2027 H-1B season approaches, employers face several significant regulatory changes which may impact lottery strategy, petition preparation, and broader workforce planning. USCIS will accept H-1B lottery registrations from noon EST on March 4 until noon EST on March 19, 2026.

Occupation Code Designation Now Required

Historically, lottery registrations only required basic information about the employer and candidate, such as the company’s FEIN and address, and the candidate’s birthday, name and passport details. Beginning this year, employers must also select the Department of Labor occupation code that best matches the H-1B position. If the lottery registration is selected, the employer must use the same occupation code when filing the H-1B petition.

Why this matters:

• Many occupation codes will not qualify for H-1B sponsorship.
• The occupation code must align with the requirements of an H-1B petition, the job duties, and the candidate’s education and experience.

Employers preparing to register candidates should contact Carter Law Group to ensure proper occupation code selection.

Wage Level and Weighted Selection

Employers must also include in their registration the DOL wage level that best matches the occupation in the specific geographic area. If the Employer’s registration is selected, they must file the H-1B petition using both the occupation code and wage identified in their registration.

Wage levels reflect the prevailing wages for occupations based on location and seniority, ranging from Level 1 (entry-level) to Level 4 (highly experienced and complex roles). This year’s process introduces weighted selection:

• A registration with a wage meeting or exceeding Level 4 will be entered into the lottery four times.
• Level 1 registrations are entered once, with Levels 2 and 3 receiving two and three entries respectively.

Higher paid positions will therefore have proportionally greater odds of being selected in the lottery. In addition, individuals with U.S. master’s degrees are able to file for the U.S. Mater’s Cap Lottery which includes an additional 20,000 visas, doubling the odds of success for each registrant regardless of their wage level.

$100,000 Surcharge

In September 2025, USCIS announced a new $100,000 fee for certain H-1B petitions. This surcharge applies only in certain situations, but employers should understand when it may be triggered.

Employers must pay the fee for H-1B petitions filed for:

• Candidates outside the U.S.
• Candidates inside the U.S. who cannot change or extend their status without leaving the country (for example, those who previously fell out of status)

Who is exempt:

• Beneficiaries of approved change-of-status petitions who have continuously maintained lawful status (e.g., F-1 students working on OPT who are later sponsored for H-1B, unless USCIS finds a prior status violation).
• Current H-1B workers who are eligible to extend their stay inside the United States

Carter Law Group is monitoring ongoing litigation challenging the legality of the surcharge. Employers with questions about the fee or any ongoing lawsuits should contact our team.

Pauses, Suspensions, and Delays of Immigration Adjudications

Recent federal actions have introduced new complexities in how both USCIS and U.S. consulates process immigration cases. These changes vary by country and visa category, and Carter Law Group is tracking them closely.

1. Indefinite Pause on ALL Immigrant Visas for 75 Countries.

Effective January 21, 2026, the administration ordered a pause on issuing immigrant visas for citizens of certain countries due to concerns about potential public benefit usage. This pause applies only to immigrant visas (similar to applying for permanent residence from abroad) and does not affect nonimmigrant visas such as H-1B, L-1, F-1, or visitor visas.

The Department of State will continue processing immigrant visa applications through to the final stage but will not make any final adjudication on affected immigrant visa applications until the pause is lifted. The administration has not announced any anticipated end date for the pause, but has stated that it will continue while the State Department completes a thorough review of its polices.

2. Full Travel Bans on 19 Countries and Partial Travel Bans on 20 More!

Two Presidential Proclamations have barred visa issuance to citizens of certain countries.

• Full bans on all visa types (both immigrant and non-immigrant) for citizens of 19 countries
• Partial bans on certain visa types for citizens of 20 additional countries. Impacted visas include immigrant visas, and specific non-immigrant visas such as B-1/B-2 visitor visas, F and M student visas, and J exchange visitor visas.

These bans apply only to new visas, not visas already issued before the proclamations were announced. Certain categories of visas—including immediate relative immigrant visas, Special Immigrant visas, and cases with demonstrated national interest—may still be issued despite the bans.

These travel bans currently have no end date and will continue until modified by a future proclamation or enjoined by court order. Several lawsuits are pending.

For more information on which countries are impacted by the full and partial bars please find further details at: https://www.cfr.org/articles/guide-countries-trumps-travel-ban-list

3. USCIS Pause on U.S. Adjudications for Travel Ban Countries

Although the presidential proclamations apply only to U.S. consulates abroad, USCIS has implemented parallel measures within the U.S.

Since December 2, 2025, USCIS has:

• Paused all pending cases for citizens of travel ban countries
• Begun re-reviewing previously approved cases for individuals from travel ban countries who arrived on or after January 20, 2021

This pause affects nearly all application types — naturalization, H-1B petitions, most I-765 EAD petitions, and others — and will continue until USCIS completes a full policy review. Lawsuits have been filed challenging the legality of this pause.

4. Delays in Visa Stamping for Social Media Vetting

In June 2025, the State Department announced a new policy requiring vetting of applicants’ online and social media presence for all student and exchange visitor visa applicants, in the F, M, and J nonimmigrant visa categories. In December 2025, this social media vetting expanded to include H-1B and H-4 visa applicants.

This worldwide policy requires applicants to make their social media profiles public for review by consular officers. The new scrutiny has vastly increased interview wait times for H-1B and H-4 applicants, with some previously scheduled appointments cancelled or rescheduled months later.

Visit our Immigration Action Alert webpage for further details on the Administration’s targeted executive actions against immigrants and employers.

Carter Law Group’s Guidance:

• Avoid international travel requiring visa stamping
• Expect long delays at many consulates
• Review social media for accuracy and consistency with visa application as well as potential national security concerns, but avoid deleting or cleansing social media accounts, as this may also raise concerns at the consulate

Contact us with any concerns.

If you have questions about H-1B strategy, travel planning, or country-specific restrictions, please reach out to Carter Law Group.

More information about H-1B and other visa categories can be found in our FAQs.

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