The U.S. Citizenship and Immigration Services (USCIS) has announced the registration dates and major regulatory shifts for the Fiscal Year (FY) 2027 H-1B cap-subject filing season.
The FY 2027 H-1B cap season has introduced significant changes to the registration and selection process, along with compliance requirements for employers. With these significant changes to the selection process and potential new fee requirements, early planning is essential to ensure a compliant and successful season.
The registration period for FY 2027 H-1B cap cases runs from 12:00 p.m. EST on March 4, 2026, to 12:00 p.m. EDT on March 19, 2026. Employers must complete electronic registrations during this period, and the registration must include specific information, such as the highest Occupational Employment and Wage Statistics (OEWS) wage level that the foreign worker’s offered wage meets or exceeds, the position’s SOC code, and the area or areas of intended employment.
Important Filing Dates
The following are essential points for employers navigating the 2027 H-1B cap:
- Initial Registration Period Opens: March 4, 2026, at 12:00 p.m. EST.
- Initial Registration Period Closes: March 19, 2026, at 12:00 p.m. EST.
- Selection Notifications: USCIS intends to notify employers of selection results by March 31, 2026.
- Petition Filing Period: Expected to begin on April 1, 2026.
Major Regulatory Changes for FY2027
USCIS has implemented a weighted selection process for cap-subject petitions, effective February 27, 2026, which prioritizes higher-skilled and higher-paid foreign workers. For the FY 2027 season, USCIS is replacing the traditional, completely random, beneficiary-centric lottery with a wage-weighted selection process. Under this new system, if registrations exceed the annual cap, selections will prioritize higher-paid beneficiaries. This approach replaces the random selection system and focuses on the foreign worker beneficiary rather than the employer’s job opportunity. Employers may submit only one registration per foreign worker, and each beneficiary is counted once, regardless of multiple registrations or entries in the selection pool.
Wage-Weighted Selection Process
Registrations with higher salary levels (based on Department of Labor OES wage levels) receive more entries in the lottery.
- Wage Level I (Entry-level): 1 entry.
- Wage Level II: 2 entries.
- Wage Level III: 3 entries.
- Wage Level IV (Highest wage tier): 4 entries.
New $100,000 H-1B Fee
A Presidential Proclamation from late 2025 has introduced a new $100,000 fee that may apply to certain H-1B petitions approved for consular processing (workers outside the US). This fee is designed to penalize reliance on foreign labor for certain positions, marking a substantial cost increase for specific filings.
Compliance action items for employers include gathering information about employees or applicants who may be sponsored for cap-subject H-1B petitions and reviewing policies and procedures to align with the new rules and requirements. Employers should also prepare for increased costs, including a $100,000 entry fee for new H-1B petitions requiring a visa application and an increased premium processing fee of $2,965 per request, effective March 1, 2026.
Compliance and Action Items
Employers must ensure they adhere to the new electronic payment requirement for paper-filed forms, effective October 28, 2025, and utilize organizational “myUSCIS” accounts for registration and petition filing. Additionally, employers should note that fewer petitions may be filed due to the increased entry fee, which could impact the overall cap usage.
To ensure accurate and timely submissions, HR teams should take the following action:
- Create/Update Organizational Accounts: If not already done, create a USCIS online organizational account. Representatives may add clients to their accounts now, but registration data can only be entered beginning March 4.
- Verify Passport Information: Each beneficiary must be registered using a valid passport or travel document.
- Confirm Bona Fide Job Offer: Employers must attest that the registration reflects a real, open position.
- Submit Fee: A $215 non-refundable registration fee must be paid for each beneficiary.
- Avoid Duplicate Entries: Only one registration per beneficiary is allowed. Multiple, identical registrations for the same person will result in all entries being disqualified.
- Budgeting: Consider the $215 fee, attorney fees, and the potential $100,000 fee for relevant consular cases.
With these changes, the government aims to enhance fairness and integrity in the H-1B selection process while emphasizing the prioritization of higher-skilled and higher-paid foreign workers. However, the results may cause an undue burden on employers, resulting in a negative impact on their revenue. That said, employers must remain vigilant and make maximum effort when it comes to compliance.
