Constangy Clips Episode 16 - 4 Changes to the H-1B Lottery Process Employers Need to Know

Are you prepared for the biggest shifts to the H-1B lottery process in years?

The H-1B program is undergoing some of the most significant changes in years, just ahead of this year's H-1B cap lottery, which opens March 4. These changes affect how candidates are selected in the lottery, the cost of hiring certain H-1B workers, and the ability of some H-1B employees to enter the United States. Employers planning to sponsor H-1B workers in 2026 should begin adjusting their hiring and workforce planning strategies now, before the lottery opens.

In this episode of Constangy Clips, immigration attorney Barbara Kihumba walks through four major changes to the H-1B lottery process that employers need to know.

What Is the New Wage-Based H-1B Lottery Selection Process?

Barbara explains how the Department of Homeland Security is replacing random selection with a wage-based weighted lottery starting February 27, including what employers must now include in each registration and how wage level affects an applicant's odds of selection.

Which H-1B Petitions Are Now Subject to a $100,000 Fee?

Barbara breaks down which H-1B petitions trigger the new $100,000 fee, who is exempt, and what employers should be thinking about as they budget for overseas hires.

What Travel and Entry Restrictions Apply to H-1B Visa Holders?

Barbara discusses why entry into the United States is no longer guaranteed even with an approved H-1B petition, and what employers can do to plan around potential delays.

How Does Expanded Social Media Screening Affect H-1B Visa Processing?

Barbara covers the enhanced social media vetting now facing H-1B applicants abroad, including where delays are hitting hardest and how employers can prepare.

Key Takeaways for Employers

• Review job descriptions and wage-level classifications now to prepare for the new wage-based lottery selection process opening March 4.
• Budget for the new $100,000 fee on certain H-1B petitions filed after September 21, 2025, especially for overseas hires.
• Plan for potential travel and entry restrictions that could delay start dates and onboarding.
• Expect longer visa processing times due to expanded social media screening, particularly for candidates in India.
• Work closely with immigration counsel to review job descriptions, wage levels, hiring timelines, and candidate locations well before the lottery opens.

Related Resources

• USCIS Guidance: USCIS Issues Guidance on $100K H-1B Fee Under Presidential Proclamation
• Wage Rule Update: DOL Proposes Major H-1B Prevailing Wage Increases
• Full Rule Summary: DHS Final Rule Creates Weighted H-1B Lottery and $100,000 Entry Fee
• Immigration Compliance and Workforce Mobility Solutions

About Constangy Clips

Constangy Clips is a video series featuring practical guidance for employers on labor and employment law developments, workplace compliance issues, cybersecurity concerns, and HR best practices.

About Barbara Kihumba

Barbara Kihumba is an immigration attorney with more than 15 years of experience helping employers secure work visas and permanent residency for global talent. She advises clients across a wide range of employment-based visa categories, including H-1B, L-1, EB-1, and EB-2, as well as I-9 and E-Verify compliance.