Despite the numerous immigration policy shifts introduced by the new administration, one key process remains unchanged: the H-1B lottery. On Wednesday, USCIS announced the submission and processing dates for Fiscal Year 2026 H-1B lottery entries. Employers use H-1B visas to hire foreign nationals in “specialty occupations” that typically require at least a bachelor’s degree. While often used to retain foreign students working under F-1 Optional Practical Training (OPT), the current policy climate suggests employers should consider this visa for a broader range of foreign talent.
Key Dates and Process
USCIS will accept FY 2026 lottery entries from Friday, March 7, 2025, through
Monday, March 24, 2025. After the submission window closes, USCIS will conduct
a random lottery and notify selected employers via its online portal. Selected
employers must then submit an I-129 Petition for Nonimmigrant Worker by June
30, 2025. If approved, the H-1B status or visa will become effective on October
1, 2025.
What’s New: A Significant Fee Increase
The most notable change this year is the sharp rise in the lottery entry
fee—from $10 to $215 per submission. This increase is expected to deter the
practice of individuals using multiple shell employers to boost their chances.
Given this higher cost, employers are advised to consult with immigration
counsel to assess the strength of their case before entering the lottery, as
selection only grants the right to file a petition, not the visa itself.
A Strategic Option Amid Policy Shifts
The H-1B lottery may now serve as a critical tool for retaining employees
affected by recent policy changes. For example, the new administration recently
revoked Temporary Protected Status (TPS) for Venezuelans and signaled potential
restrictions on programs like DACA. Employers with staff under TPS, DACA, or
parole programs should consider the H-1B as a possible pathway to retain these
employees. However, transitioning from such statuses to H-1B carries risks and
may not be suitable for everyone—legal consultation is strongly recommended.
As immigration policies continue to evolve, thoughtful planning and expert guidance can help employers navigate these changes effectively. And as always, may the odds be ever in your favor.
Written by:
Belina Calderon-Nernberg