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The 2026 H-1B lottery (for FY 2027) may offer some of the highest chances of selection of any H-1B lottery in recent history.

In recent years, H-1B lottery selection chances have been as low as 25% (2024). This has discouraged many sponsors from participating in the lottery. However, the H-1B lottery selection this year may offer opportunities for increased selection that we have not seen in many years.

There is a lot of misunderstanding regarding the impact of the Presidents H-1B Executive Order (September 2025) and recent changes to lottery selection. When the President announced the $100,000 fee in the September Executive Order, many large companies, which had been long time users of the H-1B program, publicly announced that they would not register for the H-1B lottery this year. What is still not completely understood by many H-1B corporate sponsors is that, generally, the $100,000 H-1B fee only applies to beneficiaries who are outside the U.S.  The $100,000 H-1B fee does NOT apply to those who are in the U.S. on a visa, such as F-1 student, H-4 dependent, TN, or O-1 extraordinary abilities. On top of the $100,000 H-1B fee and general corporate perceptions about the lack of availability of H-1B visas, the Administration just announced a new 4-tiered lottery selection system giving highly paid and educated potential beneficiaries higher chance of selection. 

With many major corporate sponsors potentially not participating in the H-1B lottery, this alone may increase the chances of selection. The mistaken perception that the $100,000 fee applies to all beneficiaries is also a deterrent for many potential sponsors. These two factors will likely significantly reduce the number of H-1B lottery registrations and therefore significantly increase chances of H-1B lottery selections. With the announcement of the tiered lottery system in December 2025, new rules increase chances of selection for certain highly qualified beneficiaries based on education and compensation. Beneficiaries in the top-tier receive four entries in the lottery, whereas beneficiaries in the bottom tier receive only one entry into the lottery.

OUR RECOMMENDATION: The upcoming H-1B lottery offers opportunity through increased chances of selection for many beneficiaries. For further assessment on how the new lottery rules impact you or your employees, please contact immattorneys@woh.com or your current attorney in the immigration group.