Share on LinkedInShare on LinkedIn

ARTICLE · 28 JANUARY 2026

2026 H-1B Cap Lottery Registration And Key Changes To Selection Process

Ford Harrison LLP
Explore more from Ford Harrison LLP

As we prepare for the 2026 H-1B cap season, employers should be aware of important updates to the selection process that will impact strategy and the likelihood of selection.

United StatesImmigration
Geetha Adinata
Geetha Adinata
Charles A. Roach
Charles A. Roach
Chrstine Rodriguez
Chrstine Rodriguez
Author LinkedIn connections

As we prepare for the 2026 H-1B cap season, employers should be aware of important updates to the selection process that will impact strategy and the likelihood of selection. Below is a summary of the key changes to the H-1B cap selection process and considerations for registration.

What's New with the H-1B Lottery?

  1. Random lottery replaced with a wage-weighted selection system.

Starting this cap season, USCIS will no longer run a purely random lottery. Instead, registrations will be entered into a weighted selection pool where the number of lottery entries a beneficiary receives is tied to the prevailing wage level offered for the role.

  • Wage Level IV (leadership/expert) → 4 entries

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

DHS Proposes $70,000 And $30,000 Fees For F-1 Optional Practical Training

The Department of Homeland Security has proposed a controversial new rule requiring SEVP-certified schools to pay substantial fees—$70,000 for a student's first Optional Practical Training recommendation and $30,000 for each subsequent OPT application, including STEM extensions. With only a 30-day comment period and potential annual costs reaching up to $16.5 billion across nearly 2,500 affected institutions, the proposed regulation is expected to face significant legal challenges if finalized.
United StatesImmigration
Duane Morris LLP
Duane Morris LLP
Article

Department Of State Announces Compliance With Court Order Ending Diversity Visa Issuance Pause

Following a federal court order in Medani v. Trump, the U.S. Department of State has resumed issuing Diversity Immigrant Visas after a nine-month pause that began in December 2025. DV-2026 selectees now face a critical deadline of September 30, 2026, to complete their visa processing or permanently lose their opportunity for permanent residence through the diversity visa lottery program.
United StatesImmigration
Greenberg Traurig
Greenberg Traurig
Article

Tax-Advantaged Employer Matching Contributions To Trump Accounts Now Available

The U.S. Department of Treasury has issued guidance on employer-sponsored Trump Account contribution programs, creating new tax-advantaged opportunities for employers to support employee savings for their children's future. Employers must navigate complex requirements analogous to dependent care assistance programs, including nondiscrimination rules, written plan documents, and compliance obligations under both the Internal Revenue Code and potentially ERISA. What are the key design considerations, tax impl
United StatesEmployment and HR
Ford Harrison LLP
Ford Harrison LLP
Article

Virtual Termination Meetings And AI: When Skynet Does Not Stop

A New Jersey employer faces a lawsuit after an AI transcription tool allegedly captured supervisors discussing their preference for a "strapping young man" to replace a terminated female employee. The case raises critical questions about the admissibility of AI-generated evidence in court and highlights the risks employers face when using virtual meeting platforms with automated transcription features.
United StatesEmployment and HR
Ford Harrison LLP
Ford Harrison LLP
Article

EntertainHR: Home Runs And Hard Caps: The Looming MLB Labor Battle

As Major League Baseball's collective bargaining agreement approaches its December 2026 expiration, team owners are proposing a hard salary cap for the first time since the 1994 strike that cancelled the World Series. With the players' union historically opposed to salary caps and both sides holding firm on their positions, the league faces a real possibility of another work stoppage that could disrupt the 2027 season.
United StatesEmployment and HR
Ford Harrison LLP
Ford Harrison LLP