• With the new rules regarding selection based on salary level, please know that the employer solely makes that decision, not the employee nor ISS.
• Keep your passport valid (ideally at least 6–12 months beyond Oct 1)
• Maintain your current status (F-1 / OPT / CPT requirements). All F-1 specific questions should be directed to the DSO at your school
• Avoid non-essential travel
• Check email regularly—your case manager may need quick responses
• Your employer will notify you if your H-1B registration is selected

The new weighted selection rule enters Foreign Nationals into the H-1B cap lottery selection pool using a weighted system based on the salary being offered. It is intended to issue more H-1B visas to those who are more highly paid and more highly skilled. Under this new system, instead of each registration being treated equally, each H-1B registration will be assigned a weight based on the corresponding wage level of the salary offered. The wage level system utilized for the lottery is based on the DOL’s Occupational Employment and Wage Statistics (OEWS) and would be assigned as follows:

• Level 4: Four entries in the lottery
• Level 3: Three entries in the lottery
• Level 2: Two entries in the lottery
• Level 1: One entry in the lottery

Yes. The new rule will go into effect on February 27, 2026, in time for this year’s H-1B cap filing season.

The new system requires the H-1B registration to list not only information about the Foreign National, but also information about the job. It will require selecting the Standard Occupational Classification (SOC) Code, the areas of intended employment, as well as the Wage Level matching the offered salary.

No. How the wage level on an LCA is determined is not changing. It will still be based on your requirements for the offered job. The H-1B lottery is based on salary offered alone.

You will need to make sure you are considering the role the Foreign National will be in as of October 1st, or when the H-1B will go into effect. The new process prevents changes to the job after the case is submitted for registration so careful consideration of everything related to the job is important. This means considering any upcoming job changes, salary increases, or location changes that may be forthcoming. If a Foreign National works from home, ensure that they do not have any plans to move.

No. The wage offered to the Foreign National must remain inline with the wage offered to others in the role in the same area of intended employment.

All-In means that your entire case will be prepared, whether you are selected in the lottery or not. If your case is selected in the lottery, the goal is to have it prepared in time to file with the USCIS as soon as possible after the filing season is opened on April 1, 2026.

Registration only means that your case will only be prepared through LCA filing and H-1B Lottery Registration. The rest of the case will not be completed unless your case is selected in the lottery. If you are selected in the lottery, ISS will ensure the case is filed with the USCIS by the deadline of June 30, 2026.

Along with the new rule about the registration selection process there is a new I-129 form being released that requires submission of more data than previously required. It will require listing the level of education required for the job, the fields of study that qualify a person for the job, the years of experience required for the job, any special skills required for the job, as well as any supervisory duties associated with the job.

After your registration is submitted, we wait until the registration period is closed and USCIS runs the lottery. If your registration is selected, ISS will notify your employer, and your employer will then be allowed to file an H-1B petition on your behalf during the designated filing window (April 1st, 2026 – June 30th, 2026). If you are not selected, no petition can be filed for that cap year.

Please do not ask your case manager if you’ve been selected. ISS will only provide cap selection information to your employer and your employer will pass that information along to you.

Your employer must file a full H-1B petition (Form I-129 with supporting documents) during the USCIS filing window (April 1 to June 30).

If approved as a change of status, your H-1B status generally begins October 1, 2026, or on the date of approval if approved after Oct 1, 2026.

Yes, provided that premium processing is not suspended (sometimes, this is restricted for cap filings):

• USCIS issues a response within 15 business days for a $2,965 fee
• The response may be an approval, denial, or request for evidence (RFE)
• If an RFE is issued, the 15 business-day clock restarts after the RFE response is filed with USCIS

⚠️ Premium processing does not allow you to start H-1B status earlier than October 1st 2026.

Dates are estimates and may change.

• Registration period: Expected early to mid-March 2026 (about two weeks). USCIS will announce these dates in February.
• Lottery results: USCIS notifies us of selections shortly after registration closes, typically in late March. Notification of selections trickle in and this often takes a few days for USCIS to complete the process.
• Filing window if selected: April 1, 2026 – June 30, 2026 (90 days)
• H-1B start date if approved: October 1, 2026 (or later if approved after October 1)

⚠️ Important: If your employer misses the filing window, USCIS will not accept the case, even if your H-1B registration was selected.

You may be able to remain in the U.S. on your underlying status, or you may need to explore other visa options. You may also try again in a future H-1B cap season.

Your ability to stay and work in the U.S. will depend on your underlying status. You may need to stop working or leave the U.S.

Our general recommendation: avoid all international travel if possible. Contact your case manager for advice before making any travel plans.

• During cap gap, do not travel. You are not eligible to travel on an F-1 visa stamp if you are in the cap gap period.
• While an H-1B change of status is pending: Do not travel. Leaving the U.S. will abandon your change of status request and will result in a consular notification approval. This will require visa stamping abroad to activate the H-1B, which will currently trigger the $100,000 visa fee (Restriction On Entry of Certain Non-Immigrant Workers).
• While on OPT (before H-1B filing): Travel is possible but risky. Contact ISS with any travel plans you may have so that we can advise.
• If doing consular processing instead of changing status: Visa stamping abroad is required, which currently requires the $100,000 visa fee (Restriction On Entry of Certain Non-Immigrant Workers).
• Travel may be allowed if your change-of-status H-1B has been approved, you are maintaining F-1 status with a valid F-1 visa stamp, and you return to the U.S. before the H-1B start date.

⚠️ Due to ongoing visa appointment cancellations, increased screening, visa cancellations, and travel restrictions for certain countries, international travel currently carries much higher risk than usual. If travel is not essential, postponing is the safest option.

• You can continue to work on your valid OPT/STEM OPT EAD card while the H-1B is pending.
• If you are selected and your employer files an H-1B with a change of status before your OPT (or STEM OPT) EAD expires, you may qualify for cap-gap, which can extend your work authorization until your H-1B is approved or until April 1st, 2027.
• If you are in a cap gap period and the H-1B is denied, rejected or withdrawn, cap-gap ends and normal post-OPT grace period applies, so keep backup plans ready (e.g., timely departure, change to another nonimmigrant status, or an alternative employer filing if eligible).
• If you are not selected, cap-gap does not apply.

⚠️ Important: Cap-gap is not applicable to anyone on CPT.

Cap-gap is the temporary extension of F-1 status and OPT (or STEM OPT) work authorization for eligible students.

To qualify:

• Your employer must file an H-1B requesting change of status
• The petition must be filed before your OPT/STEM OPT expires to be eligible for work authorization
• You must obtain an updated I-20 from your school showing cap-gap coverage

Cap-gap benefits now last through April 1st 2027. Because the details can change, it’s important to check the latest guidance from USCIS or the Study in the States website.

Yes. We need copies of all I-20s you have received during your time in F-1 status to confirm your complete immigration history and to ensure compliance.

Full-time CPT is allowed only if it is properly authorized by your school. It requires showing full-time attendance, sufficient in-person classes, and your job must be directly related to your program of study. Extended or improperly documented full-time CPT can raise questions about the maintenance of status in the H-1B filing.

Family members of H-1B holders are eligible for an H-4 depenedent visa, please let your case manager know if you have family memebers to include with your H-1B filing. Regarding work authorization for an H-4 spouse; they are eligible for work authorization once the H-1B principal has an approved I-140 immigrant petition or has been granted H-1B status beyond six years under AC21.

Change of Status: If approved, your status changes to H-1B automatically while you remain in the U.S. You do not need to leave the country or visit a U.S. consulate to start H-1B status.

Consular Filing (Consular Processing): If approved, you must leave the U.S. and attend a visa appointment at a U.S. consulate abroad to obtain an H-1B visa stamp before returning to the U.S. in H-1B status. THIS WILL CURRENTLY TRIGGER THE $100,000 FEE AND IS NOT ADVISED.

Key point: A change of status lets you stay in the U.S. the entire time; consular filing requires international travel to activate H-1B status.

Family (H-4 petition) is NOT filed with consular petition requests.: If you have a consular petition, your family would get their visa directly at the consulate with the primary applicant at time of stamping.

An LCA (Labor Condition Application) is a filing the employer submits to the U.S. Department of Labor before filing an H-1B petition. It confirms:

• your job title and wage,
• your work location(s), and
• that you will be paid at least the required wage for that area.

USCIS relies on the LCA when reviewing and approving your H-1B. H-1B approval is location-specific. This means that you are authorized to work only at the location(s) listed on the LCA.

Key Point: Keeping your employer updated on any planned changes in location is required to maintain valid H-1B status.

Work from home: Your home address must be listed or covered by the LCA.

Multiple offices or client sites: Each location must be listed or properly covered.

If a location is not covered on the LCA, your employer may need to file a new or amended H-1B before you can work there. This is why it is imperative to keep your employer apprised of any upcoming location changes.