Each year, thousands of employers prepare for H-1B program cap registration, the process through which companies may sponsor foreign national professionals to work in the United States. Similar to prior years, the H-1B registration period will open at noon on March 4, 2026, and end at noon on March 19, 2026. Although there have been recent changes to the H‑1B program, it continues to serve as a valuable workforce strategy.
What Is the H-1B Visa?
The H-1B program allows U.S. employers to hire foreign nationals for positions that require specialized knowledge. To qualify, the role and its associated occupation must generally require at least a bachelor’s degree, or its equivalent, in a field related to the job duties. These “specialty occupations” span a wide range of industries, including technology, engineering, finance, healthcare, education, architecture, and scientific research.
There is a cap of 65,000 new cap-subject H-1B visas annually, with an additional 20,000 H-1B visas reserved for individuals holding a U.S master’s degree or higher. H-1B status is typically granted for up to three years and may be extended for a total of six years, with limited further extensions available in connection with permanent residency.
For employers, the H-1B program provides access to a global pool of skilled professionals. It is particularly relevant for international students in the United States who, after graduation, may work temporarily through Optional Practical Training (OPT) or a STEM OPT extension. These programs allow graduates to gain hands-on professional experience for a defined period. Once that authorization expires, the H-1B is often the most practical option for continuing employment in the United States.
At the same time, the H-1B program is not limited to recent graduates and may also be considered for individuals in other nonimmigrant statuses who are eligible to change status, depending on the role.
Notable Changes to the H-1B Visa Program
Wage-Based Registration Selection
A major development for the upcoming cap season is the shift from a purely random lottery to a wage-based registration system. Under this system, H-1B cap registrations are ranked based on the Department of Labor wage level for the offered position, with wage levels ranging from Level I to Level IV.
Registrations associated with higher wage levels are given more entries into the randomized selection, increasing the likelihood that higher-paid roles will be selected. While entry-level positions remain eligible, compensation now plays a more visible role in selection outcomes.
For employers, this change places greater emphasis on how roles are structured and compensated. Organizations offering competitive salaries may find the system rewards strategic planning that was absent under the prior lottery model. The shift encourages coordination between hiring, compensation, and workforce planning.
Introduction of a $100,000 Fee for Certain Cases
Another change is the introduction of a $100,00 fee for certain H-1B visas. This fee applies primarily to cases filed through consular processing, where an H-1B candidate is outside the United States and must obtain an H-1B visa abroad before entering.
Many H-1B program candidates already in the United States, including F-1 students, generally can change status domestically, so the fee typically does not apply. Importantly, the fee does not affect an employer’s ability to register a candidate for the H-1B cap.
As a practical matter, some employers may place increased emphasis on U.S.-based candidates, while others may incorporate the potential fee into broader hiring and budgeting strategies for global talent.
The Role of the H-1B in Employer Workforce Planning
It is reasonable for employers to approach this year’s H-1B cap season with caution. Wage considerations and higher potential costs require more deliberate planning. At the same time, the H-1B program continues to offer a structured pathway for employers seeking to hire or retain specialized talent.
The wage-based registration selection may benefit employers already investing in market-driven compensation, and early preparation can help reduce uncertainty. With thoughtful planning, many organizations may find that H-1B sponsorship aligns with long-term workforce and business goals.
Preparing for the Upcoming H-1B Cap Season
Employers considering H-1B sponsorship may begin planning by:
- Identifying employees who may require H-1B sponsorship, including individuals on OPT or STEM OPT, even if they have remaining work authorization
- Reviewing job roles and corresponding salary structures
- Coordinating across HR, finance, and legal teams to align timing, compensation, and compliance considerations
While the upcoming H-1B cap season differs from prior years, it also presents an opportunity for employers to approach sponsorship strategically. With informed planning, the H-1B program can continue to support business operations while enabling highly skilled professionals to build their careers in the United States.