The first thing an H-1B lawyer should point out is that selection only means the employer has become eligible to file a petition; it is not an approval. Next, the employer must obtain the LCA and file the I-129 within the period stated in the selection notice, and the employee may work in H-1B status only after approval. Fees and selection rules changed a great deal in 2026, and the payment question must be verified again before filing. The information below is current as of November 6, 2026.
Steps After Selection
- Check the selection notice. The filing period is at least 90 days; follow the notice. The status and position information in the petition must match the registration.
- Confirm the position. The position generally requires a bachelor's degree or higher in a related field, and the employee's education must correspond to it.
- Obtain the LCA. The employer applies to the Department of Labor for a Labor Condition Application, and the wage and worksite must match the actual job.
- File the I-129. Include the LCA and the selection notice. Beginning November 9, 2026, only the 09/09/26 edition is accepted; before that date, the 02/27/26 edition is also accepted.
- Processing and effective date. Petitions for fiscal year 2027 may be filed beginning April 1, 2026. If you are outside the United States, you will also need to obtain a visa after approval.
Weighted Selection
Beginning February 27, 2026, H-1B registrations are weighted by wage level: Level IV enters the selection pool 4 times, Level III 3 times, Level II 2 times and Level I once. This rule also applies to the master's cap.
Current Status of the $100,000 Payment
- A September 2025 presidential proclamation requires an additional $100,000 payment for petitions filed on or after September 21 for people who are outside the United States and do not hold a valid H-1B visa. The USCIS website states that approved requests inside the United States for an amendment, change of status or extension are not subject to it; requests that are not approved, or that seek a consular notification, may still be subject to it.
- On June 8, 2026, the federal district court in Massachusetts vacated USCIS's enforcement guidance; on July 24, the First Circuit denied the government's request for a stay. The Department of Homeland Security has said it will comply for now but still plans to collect the payment if the order is lifted. The appeal has not been resolved.
- On September 30, 2026, in Global Nurse Force v. Trump, the federal district court in Northern California issued a preliminary injunction vacating the agency policy of enforcing this payment and blocking its enforcement. The effect covers the 2025 proclamation and the 2026 extension proclamation, but the proclamation itself was not vacated. The government has appealed to the Ninth Circuit.
- On the other hand, on December 23, 2025, the federal district court in Washington, D.C. held the proclamation and the enforcement policy lawful (Chamber of Commerce v. DHS), and as of mid-October 2026 the court of appeals had not ruled.
- A new proclamation of September 18, 2026 extends the restriction to September 21, 2027. The USCIS fee schedule and H-1B page still list this payment and the payment instructions.
- In August 2026, the Department of Homeland Security separately proposed charging $103,265 on all cap-subject H-1B petitions. This is only a proposal and is not in effect.
The above is public information as of the date of this article. The official pages are not consistent with each other, and the USCIS website may be updated later than court orders. This article does not decide whether payment is required for any particular petition. Before each filing, the employer should have its lawyer check the latest court orders, the USCIS pages and Form G-1055 on the same day.
Other Fees
- Form I-129 is $780 on paper and $730 online; $460 for small employers and nonprofits.
- The Asylum Program Fee is $600, $300 for small employers and $0 for nonprofits.
- The Fraud Prevention and Detection Fee is $500 and applies to initial petitions, change of employer and similar situations.
- The ACWIA training fee is $1,500 or $750, and some employers are exempt.
- An employer with more than 50 employees, more than half of whom are in H-1B or L-1 status, pays an additional $4,000. Beginning September 9, 2026, it also applies to extension petitions, and the current arrangement runs through September 30, 2027.
The premium processing fee is $2,965, with a target time frame of 15 business days.
Extensions and Changing Employers
H-1B status is generally granted for up to 3 years at first and may be extended to a total of 6 years, and some people may stay beyond 6 years under special rules. A significant change in worksite or position may require an amended petition. When changing employers, the employee can generally begin working for the new employer once the new employer has properly filed a nonfrivolous I-129. If you plan to move from H-1B to a green card, see EB-2 lawyer: comparing PERM employer sponsorship and NIW.
What to prepare
- Employer: company information, a description of the position, the wage and the worksite.
- Employee: passport, I-94, education evaluation, résumé and status documents.
Contact us
Lu Xin Law Offices is located at 36-09 Main Street, Suite 5-D5, Flushing, New York, and has no office in Manhattan; our responsible attorney, Michael R. Curran, is licensed in New York and New Jersey. Employers or employees who work in Manhattan and are looking for a Manhattan immigration lawyer may also consult by phone or online. Immigration is a federal matter, and representation in out-of-state cases is arranged under the applicable practice rules and the scope of the engagement. To have an H-1B lawyer review your case, call 347-618-3386. Our services are described in Immigration Legal Services.
FAQ
Does being selected in the H-1B lottery mean the case is approved?
No. Selection only means the employer has become eligible to file a petition. The employer must still obtain an LCA and file the I-129, and the employee may work in H-1B status only after approval.
Do I still have to pay $100,000?
The situation is still changing, and this article does not reach a conclusion. The presidential proclamation remains in effect, but federal courts in Massachusetts and Northern California have separately vacated or blocked the enforcement policy, and the appeals have not been resolved; a federal court in Washington, D.C. had also held the payment lawful. The USCIS fee schedule still lists this item. Before filing, the employer should have its lawyer check the court developments and USCIS guidance that same day.
How long can I stay in H-1B status?
Generally up to 3 years for the first period, extendable to a total of 6 years, and some people may stay beyond 6 years under special rules.
Sources: uscis.gov, uscis.gov, uscis.gov, uscis.gov, federalregister.gov, uscis.gov, whitehouse.gov, federalregister.gov, federalregister.gov, uscis.gov. The information above is current as of November 6, 2026. Immigration rules and fees may change, so check the latest official requirements before you file.
Attorney Advertising. This article is general information and is not legal advice on any particular case. Eligibility, procedures and outcomes depend on the facts of each case, the applicable law and the decision of the government agency.