By: Navdeep Meamber
Overview
U.S. Citizenship and Immigration Services (USCIS) has announced that the FY 2027 H-1B Cap registration window will run from March 4, 2026, to March 19, 2026 (noon EST), with a $215 registration fee per beneficiary.
During this period, prospective H-1B Cap-subject petitioners and representatives must use a USCIS online account to register each beneficiary electronically for the selection process and pay the required fee. After the registration period closes, USCIS intends to conduct the FY2027 H-1B cap selection and notify petitioners of beneficiaries by March 31, 2026. USCIS is expected to begin accepting H-1B cap-subject petitions on April 1, 2026. The petition filing window will remain open for a minimum of 90 days.
USCIS has imposed a $100,000 fee on certain H-1B petitions filed for consular notification.
Additionally, USCIS has also indicated that the FY 2027 cap season may reflect changes stemming from a recent Department of Homeland Security (DHS) rule addressing the H-1B selection process. If USCIS receives more registrations than the annual cap, it will run a weighted selection process that generally favors higher-wage/higher-skill registrations.
Impact on Applicants
On December 29, 2025, the U.S. Department of Homeland Security (DHS) finalized a new rule that is intended to move the H-1B cap selection process away from a purely random lottery and toward a wage-weighted selection framework. As a result of the final rule, positions would be classified into 4 wage levels (I-IV) based on Department of Labor’s (DOL) Occupational Employment and Wage Statistics (OEWS) wage data. Level IV, being the highest, would be entered into the selection pool 4 times; Level III, 3 times; level II, 2 times; and level I, once.
Each beneficiary will only be counted once toward the numerical allocation projections, regardless of how many registrations were submitted for that beneficiary or how many times the beneficiary is entered in the selection pool.
USCIS anticipates receiving registrations in excess of the 85,000 annual H1B cap, which includes the 65,000 regular cap and the 20,000 U.S. advanced degree exemption, therefore at the end of the registration period USCIS will conduct two lotteries. The first lottery will include all registered beneficiaries and will select enough to meet the regular cap of 65,000. The second lottery will include registered U.S. advanced degree holders not chosen in the first lottery and would meet the quota of 20,000 degree cap exemption cap.
Key dates (FY 2027 cap season)
Preparation
Employers should begin preparing for the FY 2027 H-1B cap now by working with immigration counsel to confirm cap needs, gather beneficiary information, and understand the new wage-weighted selection process. Early planning is especially important because the new system may require advance wage and role analysis for each registration, and getting documentation organized ahead of time can help avoid delays during the busy registration and petition-filing windows.
At the same time, employers should be cautious about drafting full H1B cap petitions too early because USCIS is expected to roll out a revised Form I-129 tied to the new rule, which could make early petition prep on the current form inefficient. Employers should also coordinate closely with beneficiaries to confirm valid passports/travel documents and to flag any prior immigration or law-enforcement issues that could affect an H-1B change of status case.
For any questions or assistance please contact your trusted Chugh, LLP immigration professional.
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