Immigration Update: FY 2027 H-1B Cap Process

By Caroline Taylor on February 5, 2026

It’s Time to Prepare for the Fiscal Year 2027 H-1B Cap Lottery Registration Process

U.S. Citizenship and Immigration Services (USCIS) has announced that the initial registration period for the fiscal year (FY) 2027 H-1B cap will open at noon Eastern on March 4, 2026, and run through noon Eastern on March 19, 2026. During this period, employers seeking to file cap-subject H-1B petitions, or their authorized representatives, must complete a registration process that requires basic information about the H-1B employer and each requested H-1B worker.

USCIS will conduct the lottery and upload selection notices from March 20, 2026, through March 31, 2026. Employers with selected registrations will be eligible to file a cap-subject petition only for the beneficiary named in the registration within a 90-day period beginning April 1, 2026.

USCIS will use an electronic H-1B cap registration system for the upcoming cap season. This system requires employers seeking to file H-1B cap cases to set up organizational accounts online to enter the H-1B lottery, if they have not already. The H-1B cap registration fee is $215 per individual applicant.

For the third consecutive year, USCIS will use a beneficiary-centric registration selection system, meaning a random computerized lottery will select the unique foreign national beneficiaries, rather than the individual employer registrations, for which an H-1B cap petition may be submitted.

There are two significant changes to this year’s H-1B Cap selection process, explained below:

New weighted H-1B Cap Selection Process:

The Department of Homeland Security has issued a final rule introducing a weighted selection process for H-1B cap registrations, which will be in effect for the FY 2027 H-1B Cap season. Under this rule, USCIS will no longer conduct a purely random lottery; instead, USCIS will use a new weighted lottery that increases the odds of selection for foreign nationals being offered the highest wages according to the Department of Labor’s four-level Occupational Employment and Wage Statistics (OEWS) prevailing wage system.

Employers must provide the Standard Occupational Classification (SOC) code, work location, and offered wage information at registration, which must match the later filed petition by lottery winners. While lower-wage and entry-level roles remain eligible, their selection odds are reduced. Employers should carefully review compensation strategies, document wage levels, and plan early for their H-1B cap filings.

$100,000 H-1B Fee:

The September 2025 Presidential Proclamation imposes a $100,000 fee for certain employees applying for an initial H-1B visa outside the U.S. or who elect, or are required, to consular process their H-1B for activation. This fee does not apply to sponsored workers already in the U.S. in valid legal status, so long as they are approved for a change of status (e.g., F-1 students switching to H-1B in the U.S.).

What steps should employers take now?

Employers should identify all foreign nationals who will require H-1B cap sponsorship as soon as possible. Most commonly, H-1B cap candidates are currently in the United States in F-1 student status, often working pursuant to OPT and STEM OPT, but applicants can also be sponsored directly from abroad, as well as people in other temporary visa status like TN, L-1, H-4, H-1B1 or E-3 who seek H-1B status.
Early preparation is especially crucial because the new wage-weighted lottery requires advance analysis for each registration. Your organization should also work with the MHS immigration team to begin gathering supporting documentation and information required for the H-1B cap season. Contact the MHS Immigration Group for a comprehensive list of items and information needed for preliminary case analysis of potential H-1B cap cases.
In February 2026, the MHS immigration team will engage in related due diligence to assess H-1B eligibility and wage requirements for all potential H-1B cap cases.
In March 2026, we will submit the online H-1B cap lottery registrations for vetted H-1B cases. The registrations are done per case, via an attorney account, and have a $215 registration fee per person.
In April – June 2026, those cases that were selected in the H-1B cap lottery will proceed such that complete filings will be submitted in April, May, and June with effective employment dates for October 1, 2026.

If you would like more information about registering cases in this year’s H-1B cap process, please contact:
Caroline Taylor, Attorney
ctaylor@martensonlaw.com
(404) 844-4617