USCIS Confirms FY 2027 H-1B Cap Has Been Reached: What Employers Should Do Next

By: Sreelatha Babu | July 17, 2026

On July 17, 2026, U.S. Citizenship and Immigration Services (USCIS) announced that it had received sufficient H-1B petitions to meet both the congressionally mandated 65,000 regular H-1B cap and the 20,000 U.S. advanced degree exemption, commonly known as the master’s cap, for Fiscal Year (FY) 2027. With the FY 2027 numerical limits now reached, USCIS will not conduct an additional selection round and will continue processing properly and timely filed FY 2027 cap-subject petitions.

What Employers Need to Know

1. The FY 2027 H-1B cap selection and filing process has concluded. Employers whose registrations were selected and who timely filed H-1B petitions should continue monitoring USCIS processing and adjudication of their cases.
2. A second H-1B cap lottery is not expected. Since USCIS has received enough petitions to meet the FY 2027 numerical limits, employers whose beneficiaries were not selected during this year's registration process should generally begin planning for the next H-1B cap season unless the beneficiary qualifies for cap-exempt H-1B employment or another nonimmigrant classification.
3. USCIS will continue to accept cap-exempt H-1B petitions, including petitions filed by cap-exempt employers and petitions that are otherwise exempt from the annual numerical limit.
4. The announcement does not affect petitions that are otherwise exempt from the annual cap, including qualifying petitions to extend the stay of a current H-1B worker, amend previously approved H-1B employment, change H-1B employers, or authorize concurrent H-1B employment. These petitions generally remain cap-exempt when the beneficiary has previously been counted against the H-1B cap and continues to qualify for cap exemption.

Employers whose beneficiaries were not selected for an FY 2027 H-1B cap number should evaluate whether the foreign national may qualify for cap-exempt H-1B employment or another nonimmigrant classification, such as O-1, L-1, TN, E-3, or H-1B1, depending on the individual’s nationality, qualifications, employment history, proposed position, and other circumstances. For questions regarding the FY 2027 H-1B cap, cap-exempt H-1B eligibility, or alternative visa options, please contact your trusted Chugh, LLP immigration professional.