H-1B in 2027 for Indian Techies: Weighted Lottery, $100,000 Fee and PERM Suspension

If you're an Indian techie hoping to work in the US on an H-1B, the short version for late 2026 is this: the lottery now favours higher-paid roles, the $100,000 payment announced in 2025 is tied up in the courts, and on 8 October 2026 the US Labor Department suspended several large IT employers, including Infosys, TCS and Wipro, from the green card labour certification programme. None of this makes the US route impossible. It does make it narrower, more expensive for employers and harder to plan around. So keep a strong plan B in India.

This guide explains each change in plain language and what it means for decisions you might be making now, like whether to take an onsite-track job, apply for a US master's, or wait for your company to file for you. It isn't legal advice. Immigration rules are moving fast, so check the official USCIS pages and talk to a qualified immigration attorney before acting on anything.

Change 1: the lottery is no longer equal for everyone

Each year, employers register the people they want to sponsor, and USCIS selects registrations for the 65,000 regular H-1B visas plus 20,000 for people with US master's or higher degrees. Until recently, every registration had roughly the same chance.

Under a final rule published on 29 December 2025 and used for the first time in the FY2027 season, selection is now weighted by wage level. The employer states which of the four official wage levels the offered salary meets. A Level IV wage gets four entries in the selection, Level III three, Level II two and Level I one. The registration fee was $215 per person for FY2027. USCIS announced on 17 July 2026 that it had received enough petitions to reach the FY2027 cap, so there was no second round this year.

What it means for you: entry-level salaries, which are what many service companies have historically offered for H-1B roles, now carry the lowest odds. Experienced engineers in senior, well-paid roles have better chances. If you're early in your career, the H-1B is more of a long shot than it was a few years ago.

Change 2: the $100,000 payment, and why it's unclear

A presidential proclamation in September 2025 introduced a $100,000 payment for certain new H-1B petitions, mainly those for workers outside the US who would get their visa through a consulate. Changes of status within the US and extensions were generally not covered. The proclamation was extended in September 2026, through 21 September 2027.

Then the courts stepped in. A federal court in Massachusetts set aside the agency policies used to collect the payment in June 2026, and on 30 September 2026 a federal court in California did the same, including for the extension. The proclamation itself hasn't been struck down, and appeals are expected, so collection could resume if the government wins or completes a formal rulemaking. Separately, the Department of Homeland Security has proposed a different fee of $103,265 for cap-subject petitions. That is only a proposal. The comment period closed on 24 September 2026 and no final rule had been published at the time of writing.

What it means for you: employers don't know what an H-1B hire from India will cost in the next cycle, and uncertainty makes companies cautious. Don't assume your employer will file just because they did for seniors in earlier years. Also, H-1B filing and legal costs are normally borne by the employer, and some of them by law can't be passed on to the worker. If anyone asks you for money to "cover the visa fee", treat it as a red flag and read our guide on checking whether a foreign job offer and visa sponsorship are genuine.

Change 3: the PERM suspension (green cards, not H-1B)

On 8 October 2026, the US Labor Department said it would suspend Microsoft, Adobe, Cognizant, Infosys, Capgemini, Tata (TCS), Wipro and HCL from the Permanent Labor Certification (PERM) programme and would not accept or process applications from them under it. PERM is usually the first step in employer-sponsored green cards. No end date was announced.

This is not an H-1B ban. People already on H-1B with these companies keep their status. But for someone who joined one of them hoping for a green card through the employer, that path is on hold for now. If you're in that situation, speak to your company's immigration team and an independent attorney about your specific case.

So what should you actually do?

If you're in an IT services job in India and hoping for an onsite H-1B: keep your career moving in India and treat an H-1B as a bonus, not the plan. Build depth in a skill that's paid well, because wage level now drives the lottery. Ask your manager directly whether the company is filing registrations next season and on what basis. The next registration window, if the pattern holds, would be around March 2027.

If you're thinking of a US master's mainly for an H-1B: run the numbers carefully. A US advanced degree still gives access to the separate 20,000 cap, but it doesn't guarantee selection, and a loan taken on that assumption is a heavy risk. Our guide on job first or master's first is a useful starting point.

If what you really want is global work, not the US specifically: many US companies run large engineering centres in India. Our guide on getting a job at a global capability centre explains how to get in. You can also browse US jobs and other countries on CareerCola, but check each posting's visa terms carefully.

A few things people get wrong

• Agents who "guarantee" an H-1B. No one can guarantee selection. It's a lottery, now a weighted one.
• Assuming a big IT brand means a safe green card path. Several of the largest are now suspended from PERM.
• Paying for anything a US employer should pay for. These are normally the employer's costs. Be wary of anyone asking you to cover them.
• Reacting to every headline. Rules are changing every few weeks. Base decisions on the USCIS website and qualified advice, not forwarded messages.

The US remains a real option for experienced, well-paid engineers with employers willing to file. For most people early in their careers, the smarter move right now is to build skills and a strong record in India, and stay ready if the opportunity comes.