The FY2026 H-1B lottery registration period will run from March 4 to March 19, 2026, with selection results expected by March 31, 2026.

Each year, thousands of highly skilled foreign nationals place their future in a system that is fundamentally uncertain. While the H-1B remains one of the most common employment visas, the structural realities of the lottery combined with new regulatory and cost pressures are pushing many applicants to reassess their long-term strategy.

For a growing number of professionals, EB-5 is no longer a last-minute alternative after a lottery loss. It is becoming a parallel plan.

The New 2026 H-1B Landscape:

On December 23, 2025, the Department of Homeland Security finalized sweeping changes to the H-1B selection system. Effective February 27, 2026, USCIS will move away from the traditional random lottery and implement a wage-prioritized selection model favoring higher-compensated positions. This represents one of the most significant structural revisions to the H-1B program in recent years and materially changes how both employers and foreign nationals must approach cap strategy.

This year’s lottery takes place under several significant changes:

• A wage-weighted selection system, giving higher wage levels increased selection probability

• Continued allocation of 85,000 total cap visas (65,000 regular + 20,000 U.S. master’s cap)

• Expanded employer disclosure requirements at registration

• A controversial $100,000 H-1B petition fee for certain filings submitted after September 21, 2025 (currently under legal challenge)

These developments may not directly change the statutory cap, but they affect employer willingness to sponsor and the risk profile of sponsorship decisions.

For international students and early-career professionals, especially those on F-1 OPT or STEM OPT, the risk is not only non-selection. It is employer hesitation, cost sensitivity, or strategic withdrawal from sponsorship altogether.

Is H1-B a Permanent Strategy?

No.

The H-1B is a temporary employment visa, even though it allows “dual intent.” It ties lawful status to specific qualifying items such as Employer sponsorship, Specific job position Wage compliance, and Ongoing regulatory maintenance.  There is a heavy reliance on not only the appetite for employers to sponsor H-1B candidates, but also provide a competitive wage to provide a solid opportunity to be competitive in the lottery.  

As we posted last July, tech companies, some of the largest sponsors of H-1B have not only slowed their hiring, but have also begun layoffing off employees.  And this trend has continued since.  In the event of a layoff or employment termination, an individual on an H1-B has 60 days to vacate the country or find a new place of employment.

The EB-5 program, by contrast, is an immigrant investor pathway to permanent residence. It does not require employer sponsorship and is not dependent on maintaining a specific job.

This structural distinction matters more in 2026 than it did five years ago as wait times for EB-2 and EB-3 increasingly grow.  For many foreign nationals, the core issue is no longer just “winning the lottery.” It is long-term immigration stability.

Can H-1B and EB-5 Be Pursued Simultaneously?

Yes.

The H-1B visa is classified as a dual intent visa and this approach is called the dual pathway approach. For individuals who have already filed for EB-2 and EB-3, still have the option to file for EB-5 concurrently. This means:

• Filing Form I-526E (EB-5 petition) does not disqualify an H-1B applicant.

• Having a pending EB-5 petition or adjustment of status application generally does not prevent H-1B approval or extension.

• An individual may enter or remain in H-1B status while intending to pursue permanent residence.

This flexibility is what makes parallel planning possible.

However, parallel filing requires careful coordination, particularly around:

• OPT expiration dates

• H-1B cap-gap timing

• I-485 eligibility

• Employment authorization (EAD) processing timelines

• Travel considerations

Poor timing can create gaps in status. Strategic timing can create continuity.  It is always important to consult an attorney before filing.

Why Some Applicants Begin EB-5 Preparation Before Lottery Results

Many applicants wait until lottery results are released at the end of March before considering alternative options. However, for those approaching OPT or STEM OPT expiration, that delay can create unnecessary time pressure.

Beginning the EB-5 preparation process earlier does not mean committing immediately. Rather, it allows time to thoughtfully evaluate potential projects, conduct proper due diligence, and begin organizing lawful source-of-funds documentation, which is often the most time-intensive component of an EB-5 filing.

Early preparation also provides the opportunity to assess whether a reserved or unreserved category is more appropriate and whether concurrent filing may be available based on visa bulletin movement and individual eligibility. Most importantly, it allows applicants to plan strategically around potential status transitions instead of reacting under tight deadlines.

In certain reserved EB-5 categories, eligible applicants in the U.S. may file:

• I-526E (Immigrant Petition)

• I-485 (Adjustment of Status)

• I-765 (Work Authorization)

• I-131 (Advance Parole)

When strategically timed, this can provide work authorization independent of employer sponsorship while the petition is pending. For professionals concerned about employer dependence, this is often the central appeal.

Who Should Seriously Evaluate an EB-5 Backup Plan?

EB-5 is not appropriate for everyone. However, serious consideration may be warranted for:

• F-1 students nearing OPT expiration

• STEM OPT holders facing limited H-1B attempts

• Professionals working for employers hesitant to sponsor

• Individuals seeking long-term immigration independence

• Families prioritizing permanent residence stability

With changing immigration landscapes, specifically after the call of the end of H-1B in both Texas and Florida, EB-5 may be a viable backup strategy to provide a permanent solution.  

Final Considerations Before March 4

As the H-1B registration window approaches, this is a natural moment to step back and assess your broader immigration strategy, not just your lottery entry. Factors such as how many cap attempts you have remaining, the strength and consistency of your employer’s sponsorship commitment, your OPT or STEM OPT timeline, and your long-term green card objectives all play a role in determining how much risk exposure is appropriate.

For some applicants, a single-path approach may be sufficient. For others, especially those with limited time remaining in status, exploring parallel options can provide greater stability and negotiating leverage.

The most strategic professionals are not simply waiting for results. They are using this period before registration closes to evaluate contingency plans, align long-term goals, and make decisions from a position of preparation rather than pressure.

Because your Green Card Shouldn't Take a Lifetime.