The H-1B visa lottery will be open between March 4 and March 19, 2026. During this period, petitioners must register beneficiaries electronically, pay the registration fee, and wait for selection notifications by March 31, 2026.
Although prospective beneficiaries have not yet been selected for the visa, they can still begin preparing their EB-5 applications at this initial stage of the lottery process. Both processes can run simultaneously.
“The H-1B visa is a “dual intent” visa, which means you may lawfully pursue permanent residence (a green card) while maintaining H-1B status. Many foreign nationals working in the United States on H-1B status choose to file an EB-5 petition (Form I-526E) as a path to permanent residence,” says David Santee of the Santee Law Offices.
“Prospective H-1B applicants may participate in the H-1B lottery and may be selected without issue, even if they are considering applying for an EB-5 immigrant visa now or in the future,” says EB-5 attorney Jimena Cabrera of the Law Office of Jimena Cabrera.
What do H-1B visa candidates need to know to apply for EB-5?
However, navigating the H-1B lottery and EB-5 visa application concurrently requires careful planning and a clear understanding of the immigration processes, with support from an immigration attorney.
“While it remains advisable to pursue H-1B registration where eligible, it is equally important to consider parallel, long-term immigration strategies. One such option is obtaining a ‘green card’ through the EB-5 Program,” Jane Wei of TLA Law Attorneys at Law says.
H-1B visa candidates must undergo the same scrutiny and process as foreign nationals applying directly to the United States Citizenship and Immigration Service (USCIS) for the EB-5 visa.
Preparing an EB-5 application typically involves gathering the necessary documentation, conducting due diligence on investment opportunities, and documenting the source of funds for the EB-5 investment.
“With careful planning, an applicant can file I-526E and I-485 concurrently, thereby obtaining EAD and, in some cases, a ‘green card’ within a relatively shorter timeframe. This strategy can provide a more stable and permanent solution to ongoing status concerns”, Wei adds.
If selected in the H-1B visa lottery and then authorized to receive the visa, they may enter the U.S. in temporary status while intending to pursue permanent resident status. “Having a pending EB-5 petition, or a pending application for adjustment of status, should have no effect on your H-1B application,” says David Santee of the Santee Law Offices.
The adjustment of status is filed concurrently with the EB-5 visa application.
“One is allowed to enter the U.S. in temporary H-1B status while also intending to pursue permanent resident status,” Sante says. “The same is true when it comes to extending H-1B status. In either case, having a pending EB-5 petition or a pending application for adjustment of status should have no effect on your H-1B application.”
However, Wei cautions that a successful application for H-1B and EB-5 requires comprehensive coordination. “Key factors include the expiration date of the individual’s current status (such as F-1 OPT), the potential effective date of H-1B status, EAD processing times, and I-485 adjudication timelines. These variables must be carefully aligned to avoid any gap in lawful status and to ensure continuity of work authorization,” she says.
Key changes and requirements mark the 2026 H-1B visa lottery
The H-1B visa lottery will take place after several significant changes in the selection process and the scrutiny applicants face.
In December, the lottery system transitioned to a wage-weighted selection process, giving candidates who offer higher wages a greater chance of selection. Additionally, candidates holding a U.S. master’s degree or higher receive an advantage in the selection process. Employers must now provide specific details during registration, including the job code, job location, and proposed salary, all of which can influence the likelihood of selection.
Once USCIS announces the lottery results by March 31, selected employers will receive a notification confirming that their petitions were chosen. They can then file a complete H-1B visa petition with the required documentation within a specified timeframe. After submission, the U.S. immigration agency will review and process the application and make a decision on the H-1B visa request.
Employers typically need to complete and submit their H-1B visa petitions within the timeframe outlined in the selection notice. During this stage, those subject to the new $100,000 application fee must pay it when finalizing their petitions after confirming their selection. This fee applies to petitions submitted after September 21, 2025. However, uncertainty remains about the prevalence of this fee, as three ongoing lawsuits challenge the charge. Final court rulings could affect how this fee is applied.
Wei says these changes would make it more expensive for employers to hire foreign workers and increase their risk of non-compliance.
“Collectively, these changes may discourage a growing number of employers from sponsoring foreign workers,” the attorney adds. “This impact will be felt most acutely by international students who are still enrolled in school or have recently graduated with limited professional experience.”
The overall number of H-1B cap visas remains unchanged for the 2026 lottery, with a total of 85,000 visas available—65,000 regular cap visas and 20,000 additional visas exempt for candidates holding U.S. master’s degrees.
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