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 June 17, 2026, the fee is being collected again for affected cases. 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 implementing it; but on June 12, 2026 the same court granted a temporary administrative stay, so USCIS may again require the fee for H-1B petitions filed for, or only approvable through, consular notification while the government's appeal proceeds. This is active litigation, not a settled rule: the administrative stay is conditioned on the government filing its stay motion with the First Circuit by June 18, 2026, and a separate D.C. court reached the opposite conclusion. 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. Even with the fee collectible again as of June 2026, this in-country change-of-status point still holds; 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

In effect (for now) · In litigation

The $100,000 fee was struck down — then reinstated days later

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 implementing it.

Then it flipped, fast. The government appealed to the U.S. Court of Appeals for the First Circuit on June 11, and on June 12 the same judge — while refusing a full stay — granted a temporary administrative stay that pauses his own June 8 order. So as of June 17, 2026, USCIS is again permitted to require the $100,000 fee for H-1B petitions filed for, or only approvable through, consular notification, while the appeal proceeds.

This is a snapshot, not a settled rule. The administrative stay is conditioned on the government filing its stay motion with the First Circuit by June 18, 2026; if it doesn't, the June 8 order vacating the fee could return. A separate D.C. court reached the opposite conclusion, so this may ultimately reach the Supreme Court. The order in force right now is the June 12 administrative stay — if you see a post claiming you "won't have to pay $100K," or that you definitely will, check the date.

Sources White House proclamation·Court record — June 8 & June 12 orders·Appeal · No. 26-1699 (1st Cir.)

Clarified

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

Even when the fee is 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.

Now that the fee is collectible again (see above), this point matters again — and it cuts in your favor: the fee is aimed at consular cases abroad, not a clean in-country change of status filed while you hold valid status. Either way, the durable thing to plan around is the wage-weighted lottery, your wage level, and keeping valid status — not the on-again-off-again fee.

Source USCIS H-1B FAQ & implementation guidance

If you're a student

The fee headline is loud but unstable (struck down June 8, reinstated June 12). 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.