H-1B Visa from Bangladesh in 2026: Cap, Weighted Lottery, $100,000 Fee, L-1 and O-1

H-1B visa from Bangladesh: the 2026 position

An H-1B visa from Bangladesh is still the most common way for a Bangladeshi graduate to work for a US employer, but the route has changed more in the past twelve months than in the previous twenty years. The random lottery has gone, replaced by a selection weighted towards higher salaries. A $100,000 payment for workers recruited from abroad was imposed, struck down, extended and enjoined again. Consular officers in Dhaka now review the online presence of every H-1B applicant. And a proposed fee of more than $100,000 on every cap-subject petition is waiting in the rulemaking queue.

This guide explains the H-1B in full for Bangladeshi professionals and the US employers that hire them: eligibility, the specialty occupation test, the labour condition application, the cap and the weighted selection, cap-exempt employers, the 2025 and 2026 fee litigation and the interview at the US Embassy in Dhaka. Because many candidates are better served by another visa, it also covers the L-1 intracompany transferee route for Bangladeshi groups opening a US office, and the O-1 visa for people of extraordinary ability. Green card strategy is covered in companion TRW guides, linked where relevant.

Summary: The H-1B lets a US employer hire a Bangladeshi professional in a specialty occupation for up to six years. Most new petitions need a registration selected in the annual cap, and since February 2026 selection is weighted by wage level. The $100,000 payment for workers outside the United States is currently blocked by the courts but has been extended by proclamation to September 2027. L-1 and O-1 visas avoid the cap altogether for those who qualify.

Key point: For the FY 2027 season, a registration at OEWS wage level IV was entered into the selection pool four times and a level I registration once. A Bangladeshi graduate offered an entry-level salary therefore faced materially lower odds than a senior hire, which makes the offered wage a strategic decision rather than a payroll detail.

At a glance

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Table of Contents

The H-1B explained: what the visa is and who it serves

The H-1B is a temporary work classification for foreign professionals employed by a US employer in a specialty occupation. It is employer-specific: the US company files the petition, and the worker may work only for that petitioner, in the role and at the location the petition describes. An approved petition is initially granted for up to three years and may be extended, but total time in H-1B status is generally capped at six years.[1]

Two features make the H-1B attractive to Bangladeshi professionals. First, it is a dual intent classification: the approval of a labour certification or the filing of an immigrant petition is not a basis for denying an H-1B petition, extension or admission.[1] A worker can therefore pursue a green card while in H-1B status. Second, it is open to almost every professional field, from software and engineering to finance, medicine, architecture and university teaching. Spouses and unmarried children under 21 travel as H-4 dependants.

Where the H-1B sits among US work routes

The H-1B is one of several temporary work visas, alongside the L-1, O-1 and E-2. Our overview of US immigration from Bangladesh maps all of them, including family routes, students and visitors. This guide goes deeper on the three employment classifications that most often matter to Bangladeshi professionals and companies: H-1B, L-1 and O-1.

Who qualifies for an H-1B visa from Bangladesh

Eligibility for an H-1B visa from Bangladesh turns on three questions: is the job a specialty occupation, does the worker hold the required qualification, and is there a genuine US employer? Each must be documented, and each is tested again at the consular interview.

The specialty occupation test

A specialty occupation is one that requires the theoretical and practical application of a body of highly specialised knowledge, and the attainment of a bachelor's degree or higher in a directly related specific specialty, or its equivalent, as a minimum for entry. A position is not a specialty occupation if a general degree, without further specialisation, is enough. A role may accept a range of degree fields, but each must be directly related to the duties, meaning there is a logical connection between the degree and the work.[1] In practice, "any business degree" job descriptions are a common reason for requests for evidence.

The worker's qualifications and Bangladeshi degrees

The beneficiary must hold a US bachelor's or higher degree required by the specialty, a foreign degree determined to be equivalent, an unrestricted licence where the occupation requires one, or education and experience equivalent to the degree. For equivalency, three years of specialised training or work experience must be shown for each year of college-level training the worker lacks.[1] This matters for Bangladeshi graduates. A four-year honours degree is usually evaluated as a US bachelor's, but a three-year pass degree may need additional study or documented experience to reach equivalence. Obtain a credential evaluation before the registration, not after selection.

Name changes of Bangladeshi universities and inconsistencies between certificates, transcripts and passports also cause delay. Our note on university name changes and legal documents explains how to regularise the record.

The US employer

The petitioner must have a bona fide job offer for work within the United States, which can include telework or remote work inside the country, a legal presence and amenability to service of process in the United States, and a US tax identification number.[1] A Bangladeshi founder who owns more than half of a US company can now be sponsored by that company, but the initial approval and the first extension are each limited to a validity period of up to 18 months.[1]

The labour condition application

Before filing an H-1B petition, the employer must obtain a certified labour condition application from the US Department of Labor for the occupation in which the worker will be employed. Certification does not mean the Department has accepted that the role is a specialty occupation; USCIS decides that question separately and checks that the LCA properly corresponds with the petition.[1] The Department processes LCAs in sequence and usually decides within seven working days of receipt.[2]

The wage obligation

The heart of the LCA is the wage attestation. For the entire period of authorised employment, the employer must pay the greater of the actual wage it pays to similarly qualified workers in the same job and the prevailing wage for the occupation in the area of employment. Benefits must be offered on the same basis as to US workers.[3] Pay generally starts when the worker enters into employment, and an employer cannot simply stop paying an H-1B worker who is "benched" between projects.[3] Employers must also give notice of the filing to workers in the occupation, and keep a public access file.

Proposed increases to prevailing wages

In March 2026 the Department of Labor published a proposed rule to raise the four prevailing wage levels from roughly the 17th, 34th, 50th and 67th percentiles of OEWS data to the 34th, 52nd, 70th and 88th. The proposed Level I would equal today's Level II. Comments closed on 26 May 2026, and the rule would apply prospectively to new LCAs and wage requests.[10] Check whether it has been finalised before budgeting any H-1B salary, because it would affect both eligibility and selection odds.

The H-1B cap and the 2026 weighted selection

New H-1B employment with most private employers is subject to an annual cap of 65,000 visas, with a further 20,000 for holders of US master's or higher degrees.[5] Demand has exceeded supply for years, so USCIS runs an electronic registration each March. Only employers whose registrations are selected may file a full petition. For anyone seeking an H-1B visa from Bangladesh with a private-sector employer, the registration is the first real hurdle.

How the weighted selection works

DHS finalised its rule, Weighted Selection Process for Registrants and Petitioners Seeking to File Cap-Subject H-1B Petitions, in December 2025, effective 27 February 2026.[4] The system remains beneficiary-centric, so each person counts once, but each registration is entered into the pool according to the highest OEWS wage level that the offered wage equals or exceeds for the occupation and area: four entries at level IV, three at level III, two at level II and one at level I.[1] [4]

New compliance points for employers

Registrants must now state the SOC code, the area of intended employment and the wage level. After selection, the petition must evidence the wage level claimed and match the SOC code, wage level and location on the LCA. USCIS may deny or revoke a petition where it finds that wages, duties or locations were altered to improve the odds unfairly.[4] An employer that registers at level III and then files at level II is inviting a denial.

The FY 2027 season

Registration for FY 2027 was the first under the weighted rule. USCIS reported 211,600 properly submitted registrations, about 38.5 per cent fewer than the 343,981 eligible registrations for FY 2026. On 17 July 2026 it announced that it had received enough petitions to meet both the regular cap and the master's cap, so there will be no second selection round this season. USCIS had not yet published selection rates by wage level.[5] The registration fee was $215 per beneficiary.[11]

Is the weighted selection rule final?

Yes. The rule is in force, is codified in the H-1B regulations and governed the FY 2027 lottery.[1] [5] It has been challenged in the federal district court in Washington, DC, where plaintiffs argue that DHS cannot prioritise by wage without legislation and that the rule harms small businesses and nonprofits.[6] Unless a court sets it aside, employers should plan the FY 2028 registration in March 2027 on the basis that the weighting applies.

Cap-exempt employers: the route around the lottery

Certain employers can file H-1B petitions at any time of year, with no registration and no lottery. They are institutions of higher education, nonprofit entities related to or affiliated with such institutions, and nonprofit or governmental research organisations.[1] For Bangladeshi academics, postdoctoral researchers, physicians in university hospitals and scientists, this is often the fastest way to secure an H-1B visa from Bangladesh.

Who counts as affiliated

A nonprofit is related to or affiliated with a university if it shares ownership or control through the same board, is operated by the institution, is attached to it as a member, branch or subsidiary, or has a formal written affiliation agreement establishing an active working relationship for research or education, with that work as a fundamental activity.[1] A research organisation qualifies where basic or applied research is a fundamental activity.

Working at, but not for, a qualifying institution

A worker employed by a third party can still be cap-exempt if they spend at least half of their work time at a qualifying institution, performing duties that directly further its educational or research mission.[1] The trade-off is portability: a worker who first entered H-1B status through a cap-exempt employer is generally counted against the cap when moving to a cap-subject employer, unless they were counted earlier.

The $100,000 H-1B payment: scope and litigation

On 19 September 2025, Presidential Proclamation 10973 required US employers filing H-1B petitions for certain workers on or after 21 September 2025 to pay an additional $100,000 as a condition of eligibility.[7] It is the most important cost issue for anyone seeking an H-1B visa from Bangladesh who is still living in Bangladesh.

Who the payment targets

USCIS guidance applied the payment mainly where the beneficiary is outside the United States when the petition is filed, where the petition requests consular processing or port-of-entry notification, or where a beneficiary in the United States is found to have failed to maintain status.[7] A Bangladeshi F-1 student changing to H-1B inside the United States was therefore generally outside its scope, while a Bangladeshi engineer recruited directly from Dhaka was squarely within it.

The court decisions

In a challenge by a group of states led by California, the federal district court in Massachusetts vacated the policy as an unlawful tax and an improper use of executive power. On 24 July 2026 the First Circuit refused the government's request for a stay, so USCIS and the State Department could not assess or require the payment while the appeal continues.[7] A separate suit in the District of Columbia went the other way, holding that the payment fell within the President's authority over entry; that decision is on appeal to the DC Circuit.[7]

Extension to September 2027 and a second injunction

The original proclamation was due to expire in September 2026. On 19 September 2026 a further proclamation, Restriction on Entry of Certain Nonimmigrant Workers, extended the requirement to 21 September 2027, subject to exceptions such as the national interest. A day earlier, an executive order directed the agencies to weigh an employer's recent or planned layoffs in LCAs, petitions and visas, and told the Labor Department to review previously filed LCAs. On 30 September 2026, in Global Nurse Force v. Trump, the Northern District of California enjoined enforcement of both proclamations until notice-and-comment rulemaking is completed.[8]

What this means in practice

The payment is not being collected today, but it has not disappeared. A Supreme Court stay, a successful appeal or new rulemaking could revive it. Employers recruiting from Bangladesh should build the possibility into offer letters, agree in writing who bears the risk and time travel carefully while a petition is pending.

The proposed $103,265 cap-subject fee

Separately, on 25 August 2026 DHS proposed a new $103,265 fee on every cap-subject H-1B petition, including master's cap cases, payable at filing after selection and on top of all existing fees. It would not apply to cap-exempt petitions, extensions or changes of employer. DHS estimated revenue of about $8.8 billion a year from some 85,000 petitions.[9] Comments closed on 24 September 2026, and the proposal is not in force.[11] If finalised, it would apply whether the worker is in Dhaka or already in the United States.

H-1B fees and costs in 2026

Filing fees for an H-1B visa from Bangladesh depend on employer size and status. The base Form I-129 fee for an H-1B is $780 on paper or $730 online, or $460 for small employers and nonprofits. The Asylum Program Fee is $600 for regular employers, $300 for employers with 25 or fewer full-time-equivalent workers and nil for nonprofits. New and change-of-employer petitions add a $500 fraud prevention fee, and most employers pay a $1,500 ACWIA training fee, or $750 if small, unless exempt. Employers with 50 or more US workers, more than half in H-1B or L-1 status, pay $4,000 more.[11]

A regular employer filing a new paper petition therefore pays about $3,380 to USCIS before premium processing, which costs $2,965 since 1 March 2026.[11] Under the LCA rules, the employer must bear its own business expenses; deductions that push pay below the required wage breach the attestation.[3]

The L-1 visa for Bangladeshi companies and professionals

The L-1 lets a multinational group transfer an employee from an office abroad to a related US entity. It has no annual cap, no lottery and no wage-level weighting, which makes it the better route for many Bangladeshi groups expanding to the United States, and for employees who cannot wait for an H-1B visa from Bangladesh to clear the lottery. An intracompany transferee must, within the three years before admission, have been employed abroad continuously for one year by the same employer or a parent, branch, affiliate or subsidiary, and must be coming to work in a managerial, executive or specialised knowledge capacity.[1]

L-1A managers and executives

A manager primarily manages the organisation or a function, supervises professional or managerial staff or manages an essential function, has hiring and firing authority or equivalent seniority, and exercises discretion over day-to-day operations. A first-line supervisor of non-professional staff does not qualify. An executive directs the organisation or a major component, sets goals and policies, exercises wide discretion and receives only general supervision.[1] L-1A stay may total seven years.[1]

L-1B specialised knowledge

Specialised knowledge means special knowledge of the petitioning organisation's products, services, research, equipment, techniques or management and their application in international markets, or an advanced level of knowledge of its processes and procedures.[1] A Bangladeshi software company's lead engineer on a proprietary platform, or a garment group's compliance specialist in its own audit system, are typical examples. L-1B stay is limited to five years.[1]

The qualifying relationship

The Bangladeshi and US entities must have exactly one qualifying relationship, as parent, branch, affiliate or subsidiary, and must be doing business as an employer in the United States and at least one other country for the whole of the transferee's stay. International trade between them is not required.[1] Share registers, board resolutions and audited accounts from the RJSC filings of the Bangladeshi company are the core evidence.

Opening a new US office

Where the US entity has been doing business for less than a year, it is a new office. The petitioner must show it has secured sufficient physical premises; for L-1A, that the transferee held a managerial or executive role abroad and will have that authority over the new operation, and that within a year the US business will support such a position. The evidence must cover the size of the US investment, the foreign entity's ability to pay the transferee and the group's structure. Approval is limited to one year, after which the company must prove it is doing business to extend.[1]

Funding the US subsidiary from Bangladesh

For a Bangladeshi parent, the investment itself is regulated. Under the Capital Account Transaction (Overseas Equity Investment) Rules 2022, applications go to Bangladesh Bank's Foreign Exchange Investment Department and are decided by a selection committee chaired by the Governor. Investment is capped at the lower of 20 per cent of average annual export earnings over the previous five years or 25 per cent of net worth in the latest audited accounts, and funds must be remitted directly to the subsidiary's bank account.[14] A new office petition that cannot show lawful funding will struggle. See our guide to foreign exchange regulations in Bangladesh.

Blanket L petitions

Larger groups can obtain a blanket petition approving the organisation itself, so individual transferees apply directly to a consulate. The petitioner and each entity must be engaged in commercial trade or services, have a US office doing business for at least a year and three or more domestic and foreign branches, subsidiaries or affiliates, and have obtained at least ten L approvals in the past 12 months, or have US annual sales of at least $25 million, or a US workforce of at least 1,000.[1] A blanket petition is valid for three years initially and can then be extended indefinitely.[1] Few Bangladeshi groups qualify today, but those with large US buying-house or technology operations should check.

L-1 duration, fees and the green card link

An individual L-1 petition is approved for up to three years, with extensions in increments of up to two years. An L-1 worker may lawfully seek permanent residence while in status.[1] The base I-129 fee is $1,385 on paper, or $695 for small employers and nonprofits.[11] L-1A executives and managers often move on to the EB-1C green card, explained in our guide to employment-based green card categories.

The O-1 visa from Bangladesh: extraordinary ability

The O-1 is for people at the top of their field. It has no cap, no lottery, no degree requirement and no LCA, and can be approved for up to three years at a time, with one-year extensions to complete the same event or activity.[1] For Bangladeshi scientists, founders, artists, filmmakers, musicians and athletes with a documented record, it is often faster and more certain than an H-1B visa from Bangladesh.

O-1A: extraordinary ability in sciences, education, business and athletics

Extraordinary ability here means expertise indicating that the person is one of the small percentage who have risen to the very top of the field. The applicant must show sustained national or international acclaim, either through a major internationally recognised award, such as a Nobel Prize, or at least three of eight criteria: nationally or internationally recognised prizes; membership of associations requiring outstanding achievement; published material about the person in major media or trade publications; judging the work of others; original contributions of major significance; scholarly articles; employment in a critical or essential capacity for distinguished organisations; and a high salary or other remuneration.[1]

O-1B: extraordinary ability in the arts, film and television

In the arts, the test is distinction: a level of achievement substantially above that ordinarily encountered, so that the person is renowned, leading or well known. Evidence is a nomination for or receipt of a significant national or international award, such as an Academy Award, Emmy or Grammy, or three of six criteria, including lead roles in distinguished productions, critical reviews, commercial or critical success, recognition from organisations or experts, and a high salary relative to others in the field.[1] Motion picture and television cases use a higher standard of extraordinary achievement.

Evidence of extraordinary ability from Bangladesh

Where a criterion does not readily apply to the occupation, comparable evidence may be submitted.[1] National awards, coverage in Prothom Alo, The Daily Star or regional trade press, judging roles for Bangladeshi competitions and leadership of recognised Bangladeshi institutions can all count, provided their significance is explained and Bengali material is properly translated. Published material must show title, date and author.[1]

Consultation and agents

A written advisory opinion from a peer group, labour or management organisation is mandatory before an O-1 petition can be approved, though it is not binding on USCIS.[1] The O-1 also cannot be self-petitioned, but a US agent may file for workers who are traditionally self-employed or who work for several employers.[1] The base I-129 fee is $1,055 on paper.[11] Filing an immigrant petition does not prevent O-1 approval, so many applicants pair it with the EB-1A green card or the EB-2 national interest waiver.[1]

Comparing an H-1B visa from Bangladesh with the L-1 and O-1

The right classification depends on the employer, the candidate's record and the timetable. On a phone, scroll the table sideways.

A common pattern is to register for the H-1B lottery while preparing an O-1 or, for group employees, an L-1 as a fallback. Where the candidate is also a green card prospect, the temporary visa should be chosen with the permanent route in mind.

Consular processing at the US Embassy in Dhaka

Once USCIS approves the petition, an applicant for an H-1B visa from Bangladesh applies for the visa itself at the US Embassy in Dhaka. The applicant completes the online DS-160, pays the application fee, books an appointment and attends in person. The embassy instructs nonimmigrant applicants to schedule their interview in their country of residence or nationality, and fees are non-refundable and non-transferable.[12] Booking in a third country to save time is now a false economy.

Interview waits

Waits change month to month. In October 2026, a tracker drawing on State Department data showed about two and a half months for petition-based temporary workers in the H, L, O, P and Q categories in Dhaka, against eight and a half months for B1/B2 visitors, with interviews required.[13] Employers should not fix a start date until the appointment is confirmed.

Social-media and online presence vetting

The embassy instructs applicants for H-1B visas, H-4 dependants and several other categories, including F, J and M students, to set the privacy settings of all social media accounts to public or open, so that officers can establish identity and admissibility.[12] The list published by the embassy does not name L or O applicants, but any applicant's public profile can be relevant to the interview. Before applying, check that LinkedIn job titles, dates, employers and locations match the petition and the DS-160, and that spellings of Bangla names are consistent. Avoid mass deletions immediately before the interview.

Administrative processing and visa bonds

Cases needing further review can be refused temporarily and held for administrative processing, which can add weeks, so leave a margin before any start date. Bangladeshi B1/B2 applicants may have to post a visa bond of up to $20,000, but the bond requirement applies to visitor visas, not to H, L or O visas.[12]

Step-by-step: securing an H-1B visa from Bangladesh

The sequence below reflects how a well-prepared case runs, from offer to arrival. The L-1 and O-1 follow the same broad pattern without the registration stage.

Swipe or scroll →

Throughout, keep the Bangladesh-side documents consistent: passports, birth registration, academic certificates, experience letters and, for L-1 cases, the RJSC and Bangladesh Bank records of the sending company.

Mistakes to avoid

• Vague job descriptions: a role open to "any degree" fails the specialty occupation test.
• Wage-level mismatch: registering at one wage level and filing at another invites denial or revocation under the weighted selection rule.
• Unevaluated three-year degrees: a pass degree without an equivalency plan can sink a selected case.
• Ignoring the $100,000 risk: it is blocked, not repealed; allocate the risk in the offer.
• Thin L-1 new office plans: premises, funding and a credible one-year staffing plan are essential.
• Undocumented foreign remittances: funding a US subsidiary outside Bangladesh Bank rules creates problems in both countries.
• Inconsistent online profiles: public profiles that contradict the petition create questions in Dhaka.

Working with TRW and US counsel

US petitions are prepared and filed by US-licensed immigration attorneys, who advise on US law and represent petitioners before USCIS. TRW acts on the Bangladesh side: verifying and regularising academic and civil documents, preparing company and group-structure evidence for L-1 petitions, advising on Bangladesh Bank approvals for funding a US entity, assembling O-1 evidence from Bangladeshi institutions and media, and preparing applicants for the Dhaka interview. For the wider picture, see our guide to the US green card from Bangladesh and our global mobility and business immigration practice.

The coming year will bring a decision on the $100,000 appeals, a likely FY 2028 registration under the weighted selection rule, and possible final rules on prevailing wages and the cap-subject fee. Every H-1B visa from Bangladesh planned for 2027 should be costed against those scenarios now. Contact TRW to prepare the Bangladesh side of your case.

Frequently asked questions

Can I apply for an H-1B visa from Bangladesh on my own?

No. A US employer must register you in the cap, obtain a certified labour condition application and file the petition. You apply for the visa at the US Embassy in Dhaka only after USCIS approves the petition.[1]

Is the H-1B lottery still random in 2026?

No. Since 27 February 2026, registrations are weighted by OEWS wage level: four entries at level IV down to one at level I. The FY 2027 selection was the first run under the rule.[4] [5]

Does my employer have to pay the $100,000 H-1B fee?

Not at present. Courts in Massachusetts and California have blocked it, although a September 2026 proclamation extended it to 21 September 2027 and appeals continue.[7] [8]

Is a three-year Bangladeshi bachelor's degree enough for an H-1B?

Not always. If it is not evaluated as equivalent to a US bachelor's, the gap must be filled with further study or three years of specialised experience for each missing year.[1]

Which employers are exempt from the H-1B cap?

Universities, nonprofits related to or affiliated with them, and nonprofit or governmental research organisations. They can file at any time without a lottery.[1]

How long can I stay in the United States on an H-1B?

Generally up to six years in total, granted in periods of up to three years. Extensions beyond six years depend on green card progress.[1]

Can a Bangladeshi company use the L-1 to open a US office?

Yes. A manager, executive or specialised knowledge employee with one continuous year of employment in the last three can be transferred, with an initial one-year approval for a new office.[1] Bangladesh Bank approval is needed to fund the subsidiary.[14]

What are the O-1A criteria?

A major international award, or three of eight criteria such as national prizes, media coverage, judging, original contributions, scholarly articles, critical roles and high salary.[1]

Do I need to make my social media public for a US work visa interview in Dhaka?

H-1B and H-4 applicants must set all accounts to public or open. The embassy's list does not currently include L or O applicants.[12]

How long is the wait for an H-1B interview in Dhaka?

In October 2026, about two and a half months for H, L and O applicants, but waits change frequently, so check before committing to a start date.[13]