Trump H-1B Rule Change 2026: Lottery Selections Made, New Wage Rules & $100K Fee in Effect

On March 31, 2026, USCIS confirmed it met the annual 85,000 H-1B cap-subject quota during the pre-registration lottery held March 4–19, 2026. Employers sponsoring selected beneficiaries may now file H-1B petitions during the statutory period of April 1 through June 30, 2026, with an effective start date of October 1, 2026. This year introduces significant new requirements that could affect filing volume and employer decisions. A wage-weighted lottery selection process is now in place, prioritizing higher-wage positions. Additionally, petitioners must confirm and document that the H-1B beneficiary has maintained lawful visa status. A controversial $100,000 filing fee for consular notification petitions—targeting foreign nationals abroad—also remains in effect pending federal court resolution. F-1 students on OPT or CPT who were selected in the lottery benefit from automatic cap-gap protection, extending their work authorization through October 1, 2026. However, USCIS and immigration counsel strongly advise against international travel during this period, as departing the U.S. can jeopardize status continuity and employment authorization even with valid documents. For those not selected in the H-1B lottery, several alternative visa pathways remain viable: TN visas for Canadians and Mexicans, H-1B1 for Singapore and Chile nationals, E-3 for Australians, and O-1 visas for individuals with extraordinary ability—particularly in STEM fields. Employers may also consider intracompany transfers via the L-1 visa as a strategic route back to the U.S. after one year of qualifying overseas employment. EB-3 and other employment-based green card applicants who are also navigating H-1B status should consult their immigration counsel to ensure proper sequencing of filings, especially given the new compliance verification requirements and travel restrictions in effect through this filing season.