Is the H-1B lottery still random for FY 2027?

No. Under a DHS final rule published December 29, 2025 and effective February 27, 2026, USCIS uses a wage-weighted selection for the FY 2027 cap season. Each registration gets entries based on its Department of Labor OEWS wage level: Level IV gets 4 entries, Level III 3, Level II 2, and Level I 1. More entries means better odds, but not a guarantee — actual probability depends on the full pool, the separate advanced-degree round, and a rule counting a beneficiary's multiple registrations at the lowest wage level. The 65,000 regular and 20,000 master's caps are unchanged.

Do I have to pay the $100,000 H-1B fee?

As of mid-June 2026, no. A White House proclamation on September 19, 2025 created a $100,000 payment for certain new H-1B petitions. On June 8, 2026, a federal district court in Massachusetts ruled the payment an unauthorized tax and vacated the policy materials implementing it. The White House has said it expects to appeal, so treat this as active litigation rather than a permanent outcome, and check the date on any claim about the fee.

Did the $100,000 fee apply to F-1 students doing change of status to H-1B inside the U.S.?

It was not the main target. USCIS's October 20, 2025 implementation guidance focused the fee on beneficiaries outside the U.S. without a valid H-1B visa, plus certain in-country requests routed through consular notification, port-of-entry notification, or pre-flight inspection. A normal change of status from F-1, OPT, or STEM OPT filed inside the U.S. while maintaining valid status was not the primary target, and the fee did not apply to in-country change-of-status requests, extensions, or amendments. With the fee now vacated, the durable thing to plan around is the wage-weighted lottery, your wage level, and keeping valid status.

H-1B · 2025–2026

Two H-1B changes are getting mixed up.

One is a $100,000 fee. One is a new lottery. Here is what each one actually is — what's settled, what's still moving — with a link to the official source on every point.

Confirmed · In effect

The H-1B lottery is now wage-weighted

Starting with the FY 2027 cap season, USCIS no longer runs a purely random lottery. Under a DHS final rule — Weighted Selection Process for Registrants and Petitioners Seeking To File Cap-Subject H-1B Petitions, published December 29, 2025 and effective February 27, 2026 — each registration gets entries based on its Department of Labor OEWS wage level.

Level IV4 entries

Level III3 entries

Level II2 entries

Level I1 entry

More entries means better odds — but not a guarantee. Real probability depends on the whole pool, the separate advanced-degree round, and a rule that counts a beneficiary with multiple registrations at the lowest wage level. The statutory caps are unchanged: 65,000 regular plus 20,000 for U.S. master's degrees. Cap-exempt employers stay outside the lottery entirely.

Sources DHS final rule · Federal Register·USCIS news release

Blocked · In litigation

The $100,000 fee was struck down

A White House proclamation on September 19, 2025 created a $100,000 payment tied to certain new H-1B petitions, framed as a "restriction on entry." On June 8, 2026, a federal district court in Massachusetts ruled the payment is a tax the President had no authority to impose, and vacated the policy materials implementing it. The White House has said it expects to appeal.

So as of mid-June 2026, this fee is not in effect — but treat it as active litigation, not a permanent outcome. If you see a video or post claiming you "won't have to pay $100K," check the date. The current reality is a court order the government may challenge, not a settled rule.

Sources White House proclamation·White House H-1B FAQ·Reuters · court ruling

Clarified

On F-1 / OPT / STEM OPT inside the U.S.? Not the main target

Even while the fee was in effect, USCIS's October 20, 2025 implementation guidance focused it on beneficiaries outside the U.S. without a valid H-1B visa — plus certain in-country requests routed through consular notification, port-of-entry notification, or pre-flight inspection. A normal change of status from F-1 / OPT / STEM OPT, filed inside the U.S. while you maintain valid status, was not the primary target. Legal analysis noted the fee did not apply to in-country change-of-status requests, extensions, or amendments.

With the fee now vacated, this point is somewhat moot for the moment. The durable thing to plan around is the wage-weighted lottery, your wage level, and keeping valid status — not the fee drama.

Source Reuters · legal analysis of the lottery & fee

If you're a student

The fee headline is loud but unstable. Don't build your plan on it — in either direction.
The wage-weighted lottery is the real, durable change. Your offered wage level now affects your odds.
Maintaining valid status and timing your change of status correctly matters more than the fee noise.