H-1B Lottery & Things to Know About Registration for FY 2027 H-1B Cap Season
The U.S. Citizenship and Immigration Services (USCIS) announced that the initial registration for the fiscal year (FY) 2027 H-1B cap will open at 12 P.M. Eastern on March 4, 2026, and end at 12 P.M. Eastern on March 19, 2026. During this initial registration period, each prospective petitioner and representative must pay the government filing fee of $215.00 for each registration.
New for the FY 2027 Cap Season
The Department of State (DHS) published a final rule outlining the new H-1B selection process. The new system prioritizes allocating visas to higher-skilled and higher-paid aliens. The probability of being selected is now determined by the wage level relative to the Occupational Employment and Wage Statistics (OEWS).
OEWS Wage Levels:
- Level I (Entry-level positions): 1 entry in the selection pool
- Level II (Qualified positions; greater than entry-level): 2 entries in the selection pool
- Level III (Experienced positions): 3 entries in the selection pool
- Level IV (Fully competent positions; highest level): 4 entries in the selection pool
Deciding the appropriate wage level for each registrant (wage level I, II, III, or IV) will require additional analysis.
$100,000.00 H-1B Fee
On September 19, 2025, President Trump issued a Proclamation to reform the H-1B nonimmigrant visa program. While this does not directly impact the electronic registration process, if a petitioner has their registration selected and is eligible to file an H-1B cap petition, they may need to pay an additional $100,000.00 fee before filing the H-1B petition.
- Those applicants who are applying for H-1B petitions from outside the U.S. (consular processing) will need to pay the $100,000.00 fee before they can apply for H-1B visa at the US consulate.
- Individuals in the U.S. already, and who are applying for change of status (i.e. from F-1/OPT to H-1B, for example), will not have to pay for the $100,000.00 H-1B fee – when they eventually go abroad for H-1B visa stamping.
- This does not apply to any previously issued H-1B visas, or any submitted prior to September 21, 2025.
- This does not prevent any holder of a current H-1B visa from travelling in and out of the United States.
Other Key Considerations:
- Review Wage Levels, Worksite Locations, and SOC Codes:
- Employers should thoroughly review job descriptions, wage levels, worksite locations, and accurate SOC codes. It is important to make sure that all information that was provided during registration matches the following petition.
- It is important for employers to maintain proper documentation to support job offers and ensure pay equity so that U.S. workers are not affected.
- Possible Legal Challenges:
- It is important to note that this new weighted selection process will likely be challenged in court. A legal challenge to this feature of the H-1B lottery rule change could delay or stop implementation of this change to the H-1B lottery. Whether any legal challenge to this updated selection process will prevail remains uncertain and will require further monitoring.
The FY 2027 H-1B cap registration period represents a critical opportunity for employers seeking to hire foreign workers in specialty occupations. With the registration window opening for just two weeks, employers must act promptly to ensure they meet all requirements and deadlines. As always, we will update our site with any updates regarding this, and all matters related to immigration law. Should you need help with your specific immigration circumstance, we recommend contacting the immigration department at Pasricha & Patel, LLC to schedule a consultation.