USCIS H1B Policy Update 2026: Gaming the Lottery System Could Get You Blacklisted

A Reddit post in r/h1b is circulating USCIS's official H1B Lottery Selection Notice (Form I-797C), warning applicants that attempts to exploit the H1B process — such as renewing a passport mid-process, switching employers strategically, or manipulating prevailing wage levels — could result in being blacklisted by name and passport number for future visa filings. The notice, which USCIS sends to lottery-selected applicants prior to H1B petition filing, appears to contain language that signals heightened scrutiny of applications showing signs of system manipulation. This is significant for applicants who have heard of or considered strategies to improve their lottery odds or petition outcomes. For those on the EB-3 path, this development carries indirect but important implications. Many EB-3 applicants are currently on H1B status, and any issues arising from H1B lottery manipulation — including blacklisting — could jeopardize an ongoing or future employment-based green card application tied to the same employer or petitioner. USCIS has been increasing enforcement actions and cross-referencing petitioner and applicant data across multiple visa categories. Applicants are strongly advised to consult a qualified immigration attorney before making any changes to their employment, compensation, or travel documents while an H1B or EB-3 petition is pending. The takeaway for the EB-3 community: maintain clean, consistent records across all filings and avoid any strategies that could be construed as circumventing USCIS processes, as the consequences may extend well beyond a single visa category.