H-1B Visa Guide 2026: Cap, Weighted Selection and Costs

The H-1B is the main US work visa for graduate-level jobs. In 2026 it changed more than in any year for a decade: selection now favours higher salaries, and a 100,000 dollar payment for workers abroad is tied up in the courts.

Here is how the system works today, and what it means if you are applying from Nigeria.

What the H-1B is

The H-1B is for a "specialty occupation". That is a job that normally needs at least a bachelor's degree, or its equivalent, in a specific related field. Roles in software, engineering, finance, health and research often qualify, but it depends on the actual job requirements.

You can stay for up to three years at first, and extend to a usual maximum of six years. The H-1B also lets you pursue a green card at the same time, which is one reason it is so popular.

The cap: 85,000 new visas a year

Most new H-1B workers count against an annual cap:

• 65,000 under the regular cap
• 20,000 extra for people with a master's degree or higher from a US institution

A Nigerian master's degree does not count toward the extra 20,000. It may still qualify you for the regular cap.

How registration and selection work now

You cannot enter yourself. Your future employer, the "registrant", submits an online registration for you during a short window each March.

For the FY 2027 season, the window ran from 4 March to 19 March 2026. The fee was 215 US dollars per registration, and the employer had to include your passport details.

The new wage-weighted selection

A Department of Homeland Security rule took effect on 27 February 2026 and replaced the purely random lottery. Each registration is placed at the highest wage level that the offered salary meets for that job and location:

Selection stays beneficiary-centric. You can be selected only once, however many employers register you. If you are picked, all of your registrations count as selected.

The 100,000 dollar payment: where it stands

On 19 September 2025, a presidential proclamation required a 100,000 dollar payment for certain new H-1B petitions. It applied to petitions filed from 21 September 2025 for workers outside the US who did not hold a valid H-1B visa. It did not apply to change of status, extension or amendment petitions for people already inside the US.

The situation since then:

1. 8 June 2026: a federal court in Massachusetts vacated the USCIS guidance that put the payment into effect.
2. 24 July 2026: the First Circuit Court of Appeals refused the government's request to pause that order.
3. Now: USCIS says petitioners should not submit the payment while the order stands. DHS says it still plans to collect it if the order is lifted.
4. 18 September 2026: the President extended the proclamation to 21 September 2027.
5. Proposed, not final: on 25 August 2026, DHS proposed a separate fee of 103,265 US dollars for all cap-subject petitions, including master's-cap cases. The comment period closed on 24 September 2026.

Cap-exempt employers

Some employers can hire H-1B workers outside the cap, at any time of year, with no registration or selection:

• Universities and other institutions of higher education
• Nonprofits affiliated with or related to those institutions
• Nonprofit research organisations
• Government research organisations

For Nigerian researchers, lecturers and health scientists, these employers are often the most realistic H-1B route.

The timeline for a cap case

1. Job offer: you and the employer agree the role and salary, ideally months before March.
2. March: the employer registers you during the window.
3. By 31 March: USCIS notifies selected registrants.
4. From 1 April: the employer can file the H-1B petition (Form I-129) with a certified Labor Condition Application from the Department of Labor.
5. Approval: USCIS decides the petition. Premium processing is available for an extra fee.
6. Visa interview: you book a visa interview with the US Mission in Nigeria. Lagos is listed among the posts still offering routine visa services.
7. 1 October: the earliest start date for cap-subject workers, the first day of the US government's fiscal year.

What the employer pays and what you pay

Fees change, so check the USCIS fee schedule for current amounts. Large employers where more than half the staff hold H-1B or L-1 status also pay an extra statutory fee. A rule changing that fee took effect on 9 September 2026.

Your employer must pay you at least the "required wage". That is the higher of the prevailing wage for the job and area, and the employer's own wage for similar staff. Employers also cannot charge you a penalty for leaving before the end of your contract.

If you are not selected

Not being picked in March is common. Your options:

• Wait for a further round. Registrations that were not selected stay eligible for any later selection USCIS runs in the same fiscal year.
• Target cap-exempt employers. Universities and research bodies can file at any time of year.
• Ask for a higher wage level next year. A move from Level I to Level II doubles your entries in the pool.
• Keep other countries open. Run your US plan alongside routes elsewhere rather than waiting a full year.

Points specific to Nigerian applicants

• The 2026 suspension does not list the H-1B. Proclamation 10998 suspends immigrant, visitor and student visas for Nigerian nationals, but not the H-1B. Consular officers must, however, shorten the validity of other nonimmigrant visas issued to Nigerians.
• Social media must be public. H-1B applicants must set all their social media profiles to public before the interview.
• Expect an interview. Interview waivers are now rare for first-time work visa applicants.
• Credentials matter. Employers often ask for a US credential evaluation of a Nigerian degree to show it equals a US bachelor's degree.

Before you talk to an employer: checklist

• A degree in a field directly related to the job
• A credential evaluation, if the employer requests one
• A valid Nigerian passport with long validity
• A clear understanding of the wage level of the offer
• A written agreement on who pays which fees
• Confirmation of whether the employer is cap-exempt

Where the H-1B leads

The H-1B is temporary, but many workers move to a green card through an employer. Read our guide to employment-based green cards for the next step, or go back to the overview of living and working in the USA to compare routes.