The H-1B visa program permits U.S. employers to temporarily employ foreign workers in specialty occupations requiring the theoretical and practical application of highly specialized knowledge and at least a bachelor’s degree or its equivalent in a specific specialty occupation. The program is a critical talent channel for U.S. companies across technology, healthcare, finance, academia, and other sectors, and it offers qualified foreign professionals a pathway to contribute their skills in the U.S. labor market.
Preparation for the Fiscal Year (FY) 2027 H-1B cap season involves navigating a major overhaul of the selection process. Effective February 27, 2026, the United States Citizenship and Immigration Services (USCIS) will replace the traditional random lottery with a weighted, wage-based selection system.
Weighted Lottery Selections: Registrations will be weighted by the offered wage level based on the Department of Labor (DOL) Occupational Employment and Wage Statistics (OEWS). Candidates at higher wage levels receive more “entries” into the selection pool:
- Level IV: 4 entries
- Level III: 3 entries
- Level II: 2 entries
- Level I: 1 entry
New $100,000 Fee: A new H-1B proclamation fee generally applies if the beneficiary is outside the U.S. and lacks a valid visa (requesting consular notification). It typically does not apply to “change of status” petitions (e.g., F-1 students switching to H-1B in the U.S.).
Adjudicative Hold: USCIS may place H-1B petitions on hold for beneficiaries who are citizens of or born in approximately 39 listed countries/territories subject to travel-related restrictions.
Key Dates and Deadlines
The FY 2027 cap season governs H-1B employment with a start date of October 1, 2026, or later, subject to USCIS approval and visa availability. Employers should plan around the following anticipated milestones:
- Effective Date of New Rules: February 27, 2026.
- Registration Window: Expected to open in early March 2026 and run for 2-3 weeks, closing mid-month.
- Selection Notification: Anticipated by late March 2026.
- Petition Filing Window: For those selected, a 90-day filing period is expected to open on April 1, 2026, and end on June 30, 2026.
- Earliest Start Date: Approved H-1B status will begin on October 1, 2026.
Employers and applicants must monitor USCIS announcements for exact dates and any changes to procedures. Missed deadlines generally preclude participation until the next cap season.
Eligibility and Requirements
To qualify for H-1B classification, the position and the beneficiary must meet the following threshold requirements:
- Specialty Occupation: The role typically requires at least a bachelor’s degree or higher in a specific specialty directly related to the position.
- Beneficiary Qualifications: The beneficiary must hold the requisite U.S. degree, a foreign equivalent, or a combination of education, specialized training, and progressively responsible experience equivalent to the required degree, as well as any state licensure if applicable.
- Employer-Employee Relationship: The petitioner must establish the right to control the beneficiary’s work, including the ability to hire, pay, fire, supervise, or otherwise control the work performed.
Prior to filing the H-1B petition, the employer must obtain a certified Labor Condition Application (LCA) from the U.S. Department of Labor covering each intended worksite. The LCA attests to wage, working conditions, notice, and other labor protections and must reflect the appropriate occupational classification, prevailing wage, and work location(s).
Preparation Steps for Employers
Employers should begin preparations well in advance of registration opening. The following checklist is a practical roadmap:
- Strategic Planning: a) Identify business units and roles suitable for H-1B sponsorship and forecast hiring needs for positions commencing on or after October 1, 2026. b) Prioritize candidates requiring cap-subject sponsorship and confirm whether any are cap-exempt or already counted. c) Assess remote, hybrid, or multi-site work arrangements to determine all covered worksites for LCA purposes.
- Candidate Eligibility Assessment: a) Confirm each candidate’s degree major and relevance to the offered role; obtain transcripts, diplomas, and, if needed, credential evaluations for foreign degrees. b) Verify licensure requirements and timing for any regulated occupations. c) Review immigration history, status, maintenance of status, prior H-1B counts, and any bars or inadmissibility issues.
- Position Documentation: a) Draft detailed job descriptions specifying duties, minimum degree requirements, specialty field, tools/technologies, and supervision. b) Align job titles and requirements with industry norms and prevailing wage data. c) Identify all intended worksites and remote work parameters for LCA accuracy.
- Wage and LCA Readiness: a) Determine the appropriate Standard Occupational Classification and prevailing wage level; verify offered wage meets or exceeds the higher of the prevailing or actual wage. b) Prepare and post LCA notices or use electronic notices to affected employees as required. c) Establish a Public Access File for each LCA with required documentation.
- USCIS Registration Preparation: a) Create or update the employer’s USCIS online account and designate authorized users and representatives. b) Gather beneficiary data required for registration, including full legal name, date of birth, country of birth, country of citizenship, passport details, and advanced degree eligibility. c) Ensure company’s legal name, FEIN, and address are consistent across USCIS, DOL, and state filings.
- Petition Assembly Contingencies: a) Prepare draft support letters articulating the specialty occupation theory and beneficiary qualifications. b) Collect corporate documents (organizational chart, marketing materials, financials
