H-1B 2026: Registration, Wage Levels and What Employers Must Do

How we got here: FY 2026 recap

For the FY 2026 cap (registration March 7–24, 2025), two reforms were already in place. First, the registration fee jumped from $10 to $215 per beneficiary (non-refundable), under the USCIS fee rule effective April 1, 2024. Second, USCIS used beneficiary-centric selection for the second year: each unique foreign worker counts once in the lottery no matter how many employers register them, which killed the old abuse of flooding the lottery with duplicate registrations. Each registration requires the beneficiary's valid passport or travel document as a unique identifier. Selections were notified by March 31, 2025, and selected employers got at least 90 days to file the full petition.

The big change: weighted selection for FY 2027

For the FY 2027 cap season — registration noon Eastern March 4 through noon Eastern March 19, 2026 — DHS finalized a rule that changes selection itself. When registrations exceed the numbers available, USCIS will run a weighted selection among unique beneficiaries, generally based on the highest OEWS wage level (I through IV) that the proffered wage meets or exceeds for the job's SOC code in the area of intended employment. In plain terms: a Level IV wage offer gets more lottery entries than a Level I offer. Employers at all wage levels can still register, but higher-skilled, higher-paid positions now have structurally better odds. The registration fee stays at $215 per beneficiary.

The registration process, step by step

1. Employer creates a USCIS online account (registrant account; attorneys use the representative account and add clients).
2. Enter beneficiary data during the window: name, date of birth, passport/travel document number, and the offered wage information used for weighting.
3. Pay $215 per beneficiary — the registration cannot be submitted until the non-refundable fee clears.
4. Wait for selection. USCIS runs selection after the window closes; there is no advantage to registering on day one.
5. If selected: the employer (every employer that registered a selected beneficiary) receives a selection notice and has at least 90 days to file Form I-129 with the H Classification Supplement.

USCIS selects for the 65,000 regular-cap numbers first, then the 20,000 master's exemption numbers, selecting more registrations than visas based on projected petition filing rates.

The full fee stack: what an H-1B actually costs the employer

Budget beyond the $215 registration. For a filed petition, the employer pays:

• I-129 base filing fee — check the current USCIS fee schedule (Form G-1055); it varies by employer size and nonprofit status under the 2024 fee rule
• ACWIA training fee: $750 (25 or fewer employees) or $1,500 (more than 25)
• Fraud prevention and detection fee: $500 on initial petitions and change-of-employer filings
• Public Law 114-113 fee: $4,000 for employers with 50+ US employees where more than half hold H-1B or L-1 status
• Premium processing (optional): $2,805 via Form I-907, rising to $2,965 on or after March 1, 2026 — guarantees adjudication within 15 business days

All H-1B fees must be paid by the employer, not the worker — passing costs to the beneficiary violates DOL rules. Total first-year cost for a typical mid-size employer runs into several thousand dollars per worker before legal fees.

Wage levels I–IV: what they mean

The Department of Labor sets four prevailing wage levels per occupation per area, based on the Occupational Employment and Wage Statistics (OEWS) survey:

• Level I (entry): beginning-level workers, close supervision
• Level II (qualified): experienced workers with solid understanding
• Level III (experienced): deeper expertise, may supervise
• Level IV (fully competent): senior experts, complex judgment

The employer must pay the higher of the prevailing wage for the level or the actual wage paid to similar workers at the company. Under the new weighted selection, the offered wage's level directly affects lottery odds — so wage strategy is now lottery strategy. But inflating a wage level to game selection invites DOL scrutiny of the Labor Condition Application (LCA); the LCA's attestations about wages and working conditions are legally binding.

What employers must do: the compliance checklist

1. File the LCA (Form ETA-9035) with DOL and get certification before filing I-129 — no USCIS fee, but mandatory.
2. Post the LCA notice at the worksite for 10 business days and maintain a public access file with wage documentation.
3. Keep the offered wage consistent across registration, LCA, and petition — discrepancies are a red flag.
4. Calendar the 90-day filing window after selection; missing it forfeits the selection.
5. Plan for the wage-weighted reality: for FY 2027, genuinely competitive wages are no longer just a compliance matter — they are a selection advantage.