The Fiscal Year (FY) 2027 H-1B cap season is expected to introduce some of the most significant changes in recent years. These updates may affect how registrations are selected, how employers structure job offers, and how foreign professionals plan their next steps.
Below is a clear and updated overview of the FY 2027 H-1B process, including how the lottery works, proposed changes to selection, registration requirements, fees, and important legal considerations.
Understanding the H-1B Visa and Annual Cap
The H-1B visa is a nonimmigrant visa that allows U.S. employers to sponsor foreign nationals for specialty occupations, typically roles that require at least a bachelor’s degree in a specific field.
Each fiscal year, Congress authorizes 85,000 H-1B visas:
- 65,000 under the regular cap
- 20,000 reserved for individuals with a U.S. master’s degree or higher
Because demand consistently exceeds supply, USCIS uses a lottery system to determine which registrations may move forward to full petition filing.
FY 2027 Registration Timeline
The initial H-1B registration period for FY 2027 is expected to:
- open in the first week of March
- remain open for approximately two weeks
During this window, employers submit electronic registrations through myUSCIS.gov. Only registrations selected in the lottery will be eligible to file a complete H-1B petition.
Proposed Changes to the H-1B Lottery Selection Process
Beginning February 27, 2026, USCIS plans to implement a weighted lottery system, replacing the purely random selection used in prior years.
Under the proposed framework, registrations would receive multiple entries based on the Department of Labor (DOL) wage level assigned to the position:
- Wage Level IV: 4 entries
- Wage Level III: 3 entries
- Wage Level II: 2 entries
- Wage Level I: 1 entry
The stated goal is to prioritize higher-skilled and higher-paid roles and strengthen wage protections within the U.S. labor market.
Why Wage Level Now Plays a Bigger Role
Wage levels are determined by job requirements and experience expectations:
- Wage Level I typically corresponds to entry-level positions
- Wage Level IV applies to senior or highly specialized roles
If implemented, the weighted system means that salary and job classification could directly influence selection odds, marking a substantial shift in how employers and beneficiaries approach H-1B planning.
Important Legal Uncertainty
It is important to note that the new weighted selection system is likely to face legal challenges. Court action could delay, suspend, or prevent implementation altogether.
As with many immigration policy changes, final outcomes may depend on litigation and further agency guidance. Employers and foreign workers should remain cautious and avoid assumptions based solely on proposed rules.
Beneficiary-Centric Selection Remains in Effect
USCIS will continue enforcing the beneficiary-centric selection process.
This means:
- each foreign worker receives only one opportunity in the lottery
- even if multiple employers submit registrations on their behalf
- USCIS uses passport or travel document information to prevent duplicate entries
This rule is designed to promote fairness and reduce abuse of the system.
Registration Process and Fees
To participate in the H-1B lottery, employers and their attorneys must maintain active myUSCIS accounts.
Registrations must be filed electronically through myUSCIS.gov, along with a nonrefundable $215 registration fee for each beneficiary.
Incomplete registrations or unpaid fees will result in disqualification.
Information Required for Registration
USCIS requires detailed information at the registration stage, including:
- employer’s legal name, FEIN, and address
- contact information for the employer’s authorized representative
- foreign worker’s personal details (name, date of birth, citizenship, passport information)
- confirmation of a U.S. master’s degree or higher, if applicable
- attorney information, when represented
- job offer details, including title, duties, and salary
- assigned DOL wage level (I–IV)
Accuracy and consistency are essential. Errors or inconsistencies can lead to denial or future compliance issues.
Additional Fees and Special Considerations
A $100,000 H-1B Proclamation Fee applies to certain H-1B petitions filed on or after September 21, 2025.
Key points to note:
- the fee does not apply to individuals changing status within the U.S. (such as F-1 to H-1B)
- the fee may be avoided if the petition qualifies for a National Interest Exception
To qualify for this exception, evidence must show that:
- the employment is in the national interest of the United States
- there is no available U.S. worker for the position
- requiring the fee would significantly undermine U.S. interests
- the beneficiary poses no risk to U.S. security or public welfare
Start Dates After Selection
If selected, USCIS now allows an H-1B employment start date on or after October 1, provided it falls within six months of the petition filing date. This offers added flexibility for employers and beneficiaries in planning employment timelines.
Risks of Inaccurate or False Information
USCIS may deny or revoke an H-1B petition if:
- registration information is false or misleading
- fees are not properly paid
- discrepancies are found between the registration and the petition
Careful preparation and honest disclosure are critical to avoid long-term immigration consequences.
Where to Find Education and Responsible Guidance
Freedom to Belong
Immigration education, community support, and initial guidance for individuals navigating complex immigration systems.
https://freedomtobelong.org
US Legal Now
Individual analysis, strategic immigration planning, and legally grounded guidance for employers and foreign professionals.
https://www.uslegalnow.com
Conclusion
The FY 2027 H-1B cap season may represent a turning point in how H-1B visas are allocated.
With proposed changes to the lottery system, new fee structures, and continued legal uncertainty, understanding the rules has never been more important.
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⚖️ Legal Disclaimer
This content is for educational purposes only and reflects the situation as of January 15, 2026. Immigration laws and procedures may change. This is not legal advice. Each case requires individualized legal analysis.
Successful immigration planning depends on accurate information, realistic expectations, and careful preparation, especially during periods of policy transition.
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