H-1B: the lottery to work in the United States

The H-1B season has officially begun, one of the most coveted work visas by foreign professionals wishing to build their career in the United States. USCIS, the American immigration agency, opened the lottery for the H-1B visa, which will close on 19 March at 12:00 PM (now New York).

Every year thousands of US companies resort to this program to hire highly qualified talents in strategic sectors such as technology, finance, engineering, scientific ericerca marketing. However, the number of visas available is limited: 65,000 visas per year, plus 20,000 visas reserved for candidates who have earned a master’s degree or higher qualification in the United States. When requests exceed the number of visas available – as it happens almost every year – USCIS proceeds with an electronic lottery to determine which candidates will be able to apply for a visa.

I am Fabiana Zangara, Partner of Zaca Law PLLC, and today I will answer some of the most frequent questions about H-1B, to help you understand better how this important work visa works.

Need a job offer?

To participate in the H1B lottery it is necessary that an American company registers the candidate on the USCIS portal, declaring the intention to offer him a qualified working position (specialty occupation). In other words, it is necessary to have a concrete job offer by an employer in the United States. However, entrepreneurs can also access the H-1B visa. In some cases it is possible to do so through its own company in the United States. If the entrepreneur owns or controls an American company, in fact, the company may submit the H-1B visa application in its favor, provided that the requirements laid down by the legislation are met. In these situations, H-1B can become a useful tool to move to the United States and develop its own business project.

How much does it cost to register?

A registration fee of $215 is provided for the lottery, paid by the employer at the time of registration. Only if the candidate is selected will be able to submit the visa application, which involves additional government fees and attorney fees.

Should I pay $100,000 to get a H-1B visa?

In recent months there has been a lot of talk about a possible tax of 100,000 dollars linked to the H-1B visa, creating a lot of confusion between foreign workers and American companies. The discussion began with a presidential Proclamation signed on 19 September 2025, which introduced some significant changes to the H-1B visa. According to Proclamation, some visa requests submitted from 21 September 2025 require payment of a fee of $100,000 at the time of submission of the application. However, it is important to state that this provision does not concern all candidates.

This applies only to certain specific situations, in particular to cases where the beneficiary is outside the United States and does not already have a valid visa. H-1B visas already issued and still valid are excluded. There are also very limited exceptions, which can only be granted by the Secretary of Homeland Security overtime. Finally, it is important to remember that this tax does not concern the initial phase of the lottery, which remains the first step in order to request the visa.

What changes this year?

This year the lottery presents some important news. Unlike previous years, the SOC code will be required at the time of registration, i.e. the code that identifies the professional category of reference, and the wage level for that position. The system includes four levels of wages, which depend on the experience required and the type of role. In general, the higher the wage offered, the greater the chances of being selected, since the system tends to favour the more qualified and better paid positions.

When will the results be known?

The results of the lottery will be communicated by 31 March 2026 through the appropriate portal. In an increasingly competitive global market, the H-1B continues to be one of the key tools to attract international talent in the United States. For those who dream of working and building their professional future here, the lottery that opens every spring is often the beginning of a new American story.

L’articolo H-1B: the lottery to work in the United States comes from IlNewyorkese.

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