You have a valid visa and an EAD at the same time - which one you work on and why it matters
8 mins read | Oct 6, 2026
Regulations are evolving rapidly around the H-1B lottery process. In fact, it’s not even a lottery or a complete matter of luck anymore. The system has shifted towards wage-based selection. In this article, we’ll cover:
- How does the H-1B visa lottery work in the new wage-based selection model?
- What are the new regulations that change the submission and evaluation process?
- How can you avoid the mistakes and increase your chances of passing the lottery (despite all scrutiny)?
Latest H-1B visa lottery process | Wage-weighted selection
USCIS replaces all random H-1B Lottery with wage-based selection rules starting Feb 27, 2026. As part of this new rule, applicants with higher wages will be given an advantage.
Every H-1B application will still go to a single selection pool for the lottery, but the registrations with a higher wage level will be placed in the pool multiple times. For example, if you have the level IV wage level, then your entry will go into the lottery pool four times.
Basically, USCIS is increasing the chances of applications with higher wages being picked.
Here are the different wage levels and how many entries they get:
| Wage level | Role type | Lottery entries |
|---|---|---|
| Level IV | Expert/Lead | 4 entries |
| Level III | Experienced/Senior | 3 entries |
| Level II | Qualified/Intermediate | 2 entries |
| Level I | Entry level | 1 entry |
While the final selection is still a lottery, the probability of registrations with higher wages passing the lottery is higher.
Old vs New H-1B Lottery Process Comparison
The U.S. government has already determined the wage level for different roles. You can find out the wage level for your role using the official U.S. Department of Labor site. On the site, you can select the industry, occupation code, and location to learn about different wage levels.
Wage search option on the U.S. Department of Labor site
The wage standards differ from location to location, even for the same role. For example, in Albany, New York, the current level I wage for a computer systems engineer is $56,160, and the level IV wage is $119, 246. On the other hand, the level I wage is $61,422, and the level IV wage level is $100, 506 in Blue Earth County, Minnesota.
With the wage-weighted change, the government plans to prioritize highly skilled foreign workers while also protecting the interests of American workers.
Matthew Tragesser, U.S. Citizenship and Immigration Services spokesman, says, “The new weighted selection will strengthen America’s competitiveness by incentivizing American employers to petition for higher-paid, higher-skilled foreign workers. With these regulatory changes and others in the future, we will continue to update the H-1B program to help American businesses without allowing the abuse that was harming American workers.”
What is an H-1B cap and why does it make the visa lottery process essential?
USCIS has a cap limit for 65,000 general H-1B visas and 20,000 additional visas to applicants having advanced degrees from U.S. institutions.
While the overall cap limit is 85,000, the usual registration count is huge. For FY 2026, USCIS received 358,737 applications. As demand is massive compared to the cap limit, the lottery process becomes a non-biased way to choose applications within the threshold.
H-1B cap exemptions
You can bypass the lottery system if you are working for cap-exempt employers, such as:
- Institutions of higher education
- Non-profit research organizations
- Government research organizations.
Your employer has to file Form I-129 that skips the lottery, and it goes through directly if:
- The application has strong documentation qualifying for exempt purposes (research/education)
- The employer is a qualifying exempt employer.
How to apply for the H-1B visa lottery
Participating in the H-1B lottery is a time-sensitive, complex process that must be completed within the designated registration window. Small mistakes could lead to a request for evidence (RFE) or even straight disqualification.
Follow these steps to stay compliant with USCIS norms and prevent errors in the registration:
1. Understand H-1B eligibility
The key requirements for you to be eligible for H-1B are:
- Nature of job: Your job must be one of the specialty occupations as per USCIS.
- Education: You must hold one of the following qualifications to be eligible:
- A U.S. bachelor’s degree (four years)
- A 4-year bachelor’s degree earned outside the U.S. with formal credential evaluation to confirm equivalency to a U.S. degree
- A combination of education, training, and/or experience. For example, a 2-year Associate's degree and 6 relevant professional employment years in the field, or a three-year degree plus three years of relevant experience, can meet the requirement.
- An equivalent work experience. Generally 12 years or more in the field (calculated as three years of relevant work experience for each year of missing academic study).
- License: If the job (like medical, teaching, or law) requires a state license to practice, you must hold that license.
- Job offer: You must hold a job offer from a U.S. employer that is ready to petition for you. You cannot self-petition for an H-1B Visa.
Latest development: The U.S. government is taking conscious steps to prevent companies from hiring foreign talent at lower rates. As a result of this, to be eligible for an H-1B visa, you must also hold a job offer that is in the appropriate wage range for that occupation and location. You can determine the wage level for your role using the official government site.
2. Complete the paperwork in coordination with the employer
The H-1B process is primarily employer-driven, but document preparation requires effort from both employee and employer. You need to provide all your records and beneficiaries' documentation for the employer to build a case.
Documents to be handled by employees:
- Passport
- Resume
- Pay stubs
- Previous employment or reference letters
- Educational documents
- Credential evaluation (if non-U.S. degree)
- Complete transcripts for all university-level education
- Professional license (if required)
- I-94 travel records (if currently in the U.S.).
- Previous U.S. work/non-immigrant visas (if any)
- Any previous I-797 approval notices
- Marriage certificate/birth certificates for dependents.
Documents to be handled by the employer:
- Form I-129
- H-1B classification supplement
- Approved labor condition application (LCA)
- Employer support letter
- Form I-9 (Employment Eligibility Verification)
- Employer–employee relationship proof
- Offer letter/employment agreement
- Company incorporation documents
- IRS tax returns/financial statements
- Public Access File (PAF)
- Client letter and statement of work (if third-party placement)
Latest development: The U.S. government now allows entrepreneurs to self-sponsor H-1B visa from their own company. In such cases, you need to complete the paperwork for both sides.
3. File documents in the USCIS portal
Once all the documents are ready, the employer directly files them in the USCIS portal. For filing the registration, the employer needs to pay:
- USCIS filing fee
- Registration fee
- ACWIA fee
- Fraud prevention fee
- Public Law 114-113 fee (if applicable)
- Premium processing fee (optional).
Latest development: Previously, filing an H-1 B petition would cost employers around $3000 to $8,000 (depending on company size). Premium processing fees are extra on top of this. But starting Sept. 21, 2025, an additional fee of $100,000 must be paid for any new H-1B visa petitions (excluding extensions, transfers, or renewals). USCIS will refund the fees if the H-1B petition is denied. This rule change makes the H-1B process expensive for employers.
H-1B registration typically happens around March for the next fiscal year. USCIS will open it early to mid-March for FY 2027, providing two weeks for registration. The lottery results will be declared at the end of March.
4. Wait for the lottery selection process
By the end of March, your employer can see in the USCIS portal if your registration was:
- Selected: Picked up in the lottery
- Submitted: Waitlisted for second lottery (if that happens at all)
- Denied: Rejected due to errors in the details or duplicate filing.
If you’re selected, your employer typically gets 90 days to file your H-1B petition with complete documentation.
It’s important to understand that lottery selection is just a pre-screening process. The actual petition review starts now. If USCIS has any questions about the documents in the process, then they send an RFE (Request for Evidence) to get more proof to approve the petition.
In case of solid documentation, the petition is approved without any RFE. Your petition could be denied if the USCIS officer is not convinced of your case.
In some cases, there is a second lottery if USCIS has not filled the cap, but usually, they reach it in March itself. If you are not selected in the lottery or denied during the petition phase, you have several fallback options, which we will discuss later in the next section.
Check our detailed H-1B visa guide
H-1B visa alternatives: What if you didn’t make it through the lottery
If things didn’t go in your favor during the lottery or petition process, you still have more doors to enter. You can try out the following options:
- STEM OPT extension: If you are on an F-1 visa and your degree is in a STEM field, then you can apply for a STEM OPT extension. It gives you work authorization for 24 months and the same window to try again for H-1B.
- H-1B Cap-Exempt: You can look for jobs at cap-exempt employers (such as universities, nonprofit research organizations, or government entities). These employers have the privilege to file an H-1B at any time without going through the lottery process.
- O-1A: If you have strong proven excellence in your field (like published scholarly articles, judging experience, awards, etc), then you can directly apply for an O-1A visa. This visa can be applied for at any time of the year without a lottery process.
- L-1A: If you are in a managerial or executive role and have worked with the company for at least a year, then an L-1A visa is another option for you. This has no annual cap, which makes it more accessible compared to capped visas.
- Country-specific treaty visas (TN, E-3, H-1B1): If you are a citizen of Canada, Mexico, Australia, Chile, or Singapore, you have a few exceptions, such as a treaty visa. You can work with an immigration attorney to identify if you qualify for it.
- EB-2 NIW: EB-2 NIW visa is another alternative that gets you permanent residency rather than a temporary work visa. To be eligible for this, you must be able to establish that your qualifications are of national interest and how you can contribute with your skills.
Key H-1B visa application mistakes and how to avoid them
Tukki’s legal team compiled the most crucial H-1B visa application mistakes and ways to avoid them:
1. Misunderstanding lottery weight or wage level
With the new wage-weighted selection, it’s important to understand your wage level based on the role and location. Relying on any private wage surveys will lead to misunderstanding your lottery weight.
How to avoid this issue?
Always use the government official site only to determine your wage level. Do not try to manipulate the system by trying to show a higher salary for entry-level positions. It will raise obvious red flags.
2. Misrepresenting a master’s degree
Another mistake applicants make is trying to get an advanced degree exemption without completing the master’s degree. Any kind of such misrepresentation results in straight disqualification.
How to avoid this issue?
Understand the primary criteria to enter the H-1B master’s cap well. You must hold a master’s degree from a U.S. institution only. Also, you must have completed all degree requirements by the day the petition is submitted to USCIS.
3. Manipulating the system with multiple employers
You might think that having multiple employers file H-1B applications for you will increase your chances of making it past the lottery system. But the USCIS has implemented a beneficiary-centric process where an application goes to the lottery pool only once, despite multiple applications. Also, all the applications must be legit. If not, one may also face criminal prosecution.
How to avoid this issue?
If you have multiple offers, you can prioritize the employer with a higher wage level offer to file the application for you.
Apart from the above issues, your employer must take care that the application is filled with a valid account, without any incorrect details of you and your beneficiaries, and submit the application on time.
Plan your H-1B petitions better with Tukki
Tukki helps prepare your H-1B case with experienced immigration attorneys through a structured, personalized process.
Once you schedule a call, our immigration attorney helps you:
- Identify the right visa option for you
- Build a clear roadmap for the visa application with defined timelines
- Create a case step by step with complete compliance
- Address any RFEs that come your way.
Get a well-organized and human experience with Tukki. Schedule a free call to understand the process, timelines, and pricing.