Immigration Law Newsletter | FY 2027 H-1B Cap Update


 
U.S. Citizenship and Immigration Services (USCIS) has announced key details for the FY 2027 H-1B cap season. This includes registration dates, procedural requirements, and significant regulatory changes that employers should be aware of.
 
FY 2027 H-1B Cap Initial Registration Period
The initial H-1B registration period for FY 2027 will open at 12:00 p.m. (ET) on March 4, 2026, and will close at 12:00 p.m. (ET) on March 19, 2026.
 
During this period, prospective H-1B cap-subject petitioners and their authorized representatives must register each beneficiary electronically through a USCIS online account. Additionally, petitioners are required to pay a $215 registration fee per beneficiary.
 
USCIS Online Account Requirements
USCIS requires beneficiaries to be registered via the online portal. Therefore, employers who do not currently have a USCIS online account must create an organizational account. Using an online account:
  • Attorneys and accredited representatives may add clients to their accounts at any time.
  • Beneficiary information and registrations must be submitted beginning March 4, 2026.
  • USCIS will notify beneficiaries and employers after conducting the selection process. Selection notifications are expected by March 31, 2026.
 
What’s New for the FY 2027 H-1B Cap Season
The Department of Homeland Security has implemented a final rule modifying the H-1B selection process. Under the new rule, if registrations exceed the annual cap, USCIS will conduct a weighted selection favoring higher-skilled and higher-paid beneficiaries. However, if registrations do not exceed the cap, all properly submitted registrations will be selected.
 
Presidential Proclamation Impact
On September 19, 2025, President Trump issued a proclamation titled ‘Restriction on Entry of Certain Nonimmigrant Workers’. While this does not affect the electronic registration process, certain petitioners may be required to pay an additional $100,000 fee as a condition of filing an H-1B cap-subject petition. Employers who believe they may be impacted should consult their attorney before filing.
 
How We Can Help
Our firm assists employers with H-1B cap registration strategy, beneficiary eligibility assessments, wage and position analysis, and end-to-end petition preparation. For specific questions or more information regarding the H-1B process and requirements please contact the trusted Chugh, LLP immigration team.

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