H-1B Visa Facts: Common Myths Debunked

The H-1B visa is one of the most important paths in U.S. employment-based immigration. It lets U.S. employers hire skilled professionals for specialty occupations, jobs that typically require at least a bachelor’s degree in a specific field. For companies (especially high-growth startups), H-1B sponsorship can be the difference between landing critical talent or losing them to competitors abroad. 

For HR teams and hiring managers, understanding the H-1B lottery (and now, the wage-weighted selection system) is important because it affects hiring strategy, compensation planning, and timelines. If you’re working off old assumptions, you can misclassify wage levels, miss key steps, or set unrealistic expectations for candidates and leadership. 

Why the H-1B Lottery can be confusing

Starting with the FY 2027 cap season (registration in March 2026), USCIS moved from a purely random draw to a wage-weighted selection approach, meaning the wage level tied to the role can affect selection odds. 

At the same time, news coverage and public debate have created noise around a potential $100,000 H-1B consular processing fee, introduced through a presidential proclamation in September 2025. Many teams assume it applies to the cap registration in general, not just for consular processing (applying from outside the U.S.). In practice, companies should treat this as “verify-and-monitor” situation and avoid planning based on rumors; the safest approach is to understand when the fee is triggered and what to realistically expect.

Ellis can help take the confusion out of your next H-1B season with clear tracking and structured workflows built for growing teams. Get in touch to streamline your strategy—and try our free H-1B lottery odds calculator to understand your chances better.

How the H-1B Lottery Actually Works 

Every year, Congress sets a cap, an annual limit, on new H-1B visas: 65,000 under the regular cap, plus 20,000 for candidates who have a qualifying U.S. master’s degree or higher. When more people register than visas available (which is the norm), USCIS runs a selection process to choose which employers may file full H-1B petitions for those candidates. 

For FY 2027 (registration in March 2026), USCIS uses electronic registration during a specific window: March 4, 2026 (noon ET) through March 19, 2026 (noon ET). Employers submit a registration for each applicant through a USCIS online account and pay the registration fee ($215 per employee in 2026), then USCIS conducts selection after the window closes. 

Under the new wage-weighted selection system, registrations tied to higher prevailing wage levels receive more chances for selection in the lottery. Wage level 1 applicants receive 1 entry in the lottery, wage level 2 applicants receive 2 entries, wage level 3 applicants receive 3 entries and wage level 4 applicants receive 4.

If selected in this process, employers may file a complete petition, and USCIS still reviews eligibility, documentation, and compliance before approval.  

Common H-1B Lottery Myths (and the Real Facts)

Myth: A bigger company increases your lottery chances.

Fact: Company size doesn’t drive selection. A startup can have the same selection potential as a large enterprise. What matters this year is submitting a correct registration and how the role’s wage level is classified in the wage-weighted system.

Myth: Selection is still completely random.

Fact: For FY 2027 and beyond, USCIS uses a wage-weighted selection process, which favors higher prevailing wage levels while still allowing participation across wage levels.

Myth: Applying earlier improves your chances.

Fact: Timing within the registration window doesn’t increase odds. What matters is submitting during the official window (March 4–19, 2026 for FY 2027).

Myth: Multiple registrations are the best strategy.

Fact: Duplicate or improper registrations can create compliance risk and may lead to disqualification or other negative outcomes. The safest strategy is to follow USCIS rules and keep registration data accurate and consistent. 

Myth: If someone wasn’t selected last year, their odds are better this year.

Fact: Each registration cycle is independent. Prior non-selection does not improve future odds. Every year’s pool and demand levels are different.

Myth: You can just “choose” a higher wage level to improve odds.

Fact: Wage levels are determined based on the job’s duties, required experience, and location—not preference. Misclassifying a role to claim a higher wage level can lead to compliance issues, RFEs, audits, or denial. 

Myth: If the role is entry-level, it’s not eligible.

Fact: Entry-level roles are still eligible. While the wage-weighted system gives creates better odds for higher prevailing wage levels, Level 1 and Level 2 wages remain eligible for selection, although in prior years Level I faced a great deal of scrutiny from the government. Companies should not automatically rule out early-career hires, but they should understand how wage classification affects strategy.

Myth: There's a potential new $100K H-1B fee that applies to all applicants.

Fact: The $100K fee is a proposed charge that would apply only to certain cap-subject H-1B cases requiring consular processing abroad, not to all applicants. It would be paid only after lottery selection and only if the employer chooses to file. The fee is not final and is still being challenged in court, so its future remains uncertain.

Myth: If you’re selected, you’re automatically approved.

Fact: Selection only means you’re invited to file the full petition. USCIS can still deny cases based on eligibility, documentation, wage compliance, or specialty occupation issues. 

What Actually Matters in the H-1B Process

If you want the best shot at success, focus on what you can control before selection: role design, wage strategy, and clean documentation. Under wage-weighted selection, getting the correct occupational classification and prevailing wage level matters more than ever, because a misstep can affect how the registration is treated in selection. Employers should also align job duties, degree requirements, and candidate qualifications so the case is approvable when it becomes a full petition. 

After selection, approval depends on compliance and detail. That means a properly filed Labor Condition Application (LCA), consistent job documentation, and readiness for a Request for Evidence (RFE). Also incredibly important: operational readiness—tracking dates, knowing who owns each step (HR, legal, hiring manager), and building visibility across stakeholders.

Take the Uncertainty Out of Your Next H-1B Season

Working with immigration counsel is key for these steps, and Ellis can help. Ellis integrates directly with your existing HR workflow, providing the tech-enabled tracking and data clarity needed to scale your global team with confidence. 

Also, check out our free H-1B lottery odds calculator to get a better idea of what to expect.