Non-Immigrant Visa
H-1B Visa — Specialty Occupation (2026)
H-1B in 2026 is tough: $100K employer fee, wage-weighted selection, ~25–35% lottery odds. For qualified Brazilians, O-1A is often the better substitute — no cap, no lottery.
What changed in H-1B in 2026
The Trump administration announced a $100,000 employer fee for H-1B in September 2025, plus wage-weighted selection (favoring higher-paid candidates). This effectively closes H-1B for most employers, especially startups and smaller companies.
Recommendation
Qualified Brazilians should consider O-1A as primary: no cap, no lottery, 45-business-day approval with Premium Processing. For entrepreneurs: L-1A (if you have a Brazilian company) or EB-2 NIW (if profile qualifies).
H-1B requirements
- Job offer from US employer willing to sponsor
- Role in "specialty occupation" (requires bachelor's or higher in the field)
- Bachelor's (or equivalent) in the specific field of the role
- Employer clears LCA (Labor Condition Application) with DOL
- Petition selected in the annual lottery (~25–35% odds)
Annual H-1B timeline
- 1March: lottery registration period
- 2March/April: random selection — employer notified
- 3April 1: petition filing window opens (for selected)
- 4June 30: window closes
- 5October 1: federal fiscal-year start — beneficiary may begin work
H-1B alternatives for qualified Brazilians
Given the 2026 combo ($100K fee + lottery), qualified Brazilians should consider: (1) O-1A — extraordinary ability, no cap, self-petition via agent; (2) L-1A — if you have a Brazilian company with 1+ year operation; (3) EB-2 NIW — direct green card, no sponsor; (4) TN — only with Canadian/Mexican dual citizenship; (5) J-1 or F-1 OPT — alternative entry paths.
Frequently asked questions
Do Brazilians qualify for H-1B?
Yes, if you have a bachelor's in the field of the role and a US employer willing to sponsor + cover the 2026 $100K fee.
What are the real lottery odds?
In 2025, ~25% for non-masters, ~35% for masters. In 2026, wage-weighted selection favors higher-salaried candidates.
Can I go from F-1 (student) to H-1B?
Yes, common route. Post-graduation OPT (12 months) + STEM OPT (24 additional months) gives a 3-year window for selection.
Does H-1B have a family visa?
Yes. Spouse gets H-4. H-4 spouses can work only if the H-1B holder has approved I-140 (green-card path in progress).
Does H-1B lead to a green card?
Yes, via employer sponsorship: EB-2 or EB-3 with PERM, or EB-1 if qualifying. Long process (3–5 years typical).
Why might O-1A be better than H-1B for Brazilians?
O-1A: no cap, no lottery, fast approval, can self-petition via agent. H-1B: $100K fee, lottery, sponsor-tied. For those who meet O-1A criteria, it's significantly superior.
Ready to Take the Next Step?
Schedule a consultation today. We will listen, assess your situation, and give you a clear path forward — in the language you are most comfortable with.