FY 2027 H-1B Cap Season: Key Dates, New Rules, and What Employers Need to Know

FY 2027 H-1B Cap Season: Key Dates, New Rules, and What Employers Need to Know

U.S. Citizenship and Immigration Services (USCIS) has announced key information for the FY2027 H-1B cap registration season. Employers that anticipate sponsoring foreign nationals under the H-1B cap should begin planning now, as the electronic registration period is short and strictly enforced.

 

Registration Window

The initial H-1B cap registration period is expected to open at 12:00 p.m. Eastern Time on March 4, 2026, and close at 12:00 p.m. Eastern Time on March 19, 2026. USCIS will not accept submissions outside of this window, so advance preparation is critical.

 

Electronic Registration Requirement

All cap-subject H-1B registrations must be filed electronically through a USCIS online account. A filing fee of $215 per registration is required at the time of submission. Employers that do not yet have a USCIS organizational account will need to create one in advance; however, beneficiary information and payment cannot be entered until the registration period officially opens.

 

Lottery and Selection Notices

If the number of registrations exceeds the statutory annual limit, USCIS will conduct a selection process after the registration window closes. USCIS announced that it intends to notify account holders of selection results by March 31, 2026, through their online USCIS accounts.

 

Only those whose registrations are selected may proceed to file a full H-1B cap petition on behalf of the selected employee. This requirement applies equally to beneficiaries who qualify for the advanced degree exemption (commonly referred to as the “master’s cap”).

 

Weighted Selection Method

A new final regulation establishing a weighted selection framework becomes effective February 27, 2026, and will apply to the FY2027 cycle. Under this system, if properly submitted registrations for individual beneficiaries exceed the number of available H-1B visas (i.e., the cap), USCIS will conduct a weighted drawing among those beneficiaries

 

Potential Additional Government Fee

USCIS has also announced that, pursuant to recent presidential action, certain petitioners whose registrations are selected may be required to pay an additional $100,000 government fee before filing the H-1B petition. This payment would function as a condition of eligibility in applicable cases. Additional implementation guidance is expected from USCIS.

Please note that the $100,000 fee and the merit-based selection method are both being litigated in Federal Court. As a result, it remains unclear what the ultimate outcome will be.

 

Pre-Registration Evaluation (STRONGLY RECOMMENDED)

We strongly recommend that employers retain us to evaluate both the offered position and the prospective beneficiary’s qualifications before submitting any H-1B cap registrations. An early eligibility assessment can identify potential issues ahead of time and help reduce the risk of registration selection followed by a petition denial.

 

We encourage employers considering H-1B sponsorship for FY 2027 to identify candidates early and coordinate with our office well before the March opening date. We are available to assist with account setup, eligibility analysis, and preparation and submission of registrations. The firm will be doing evaluations through March 4th, 2026 and for those that we did evaluations and confirmed eligibility for the program, the firm will consider filing registrations for employers through March 18th, 2026. Please note that a rush fee may apply depending on how close to the deadline we are retained.

Call our office today and begin preparing for the FY 2027 H-1B cap.

Beatriz Godoy

Beatriz Godoy

Managing Attorney

Beatriz is a first generation Cuban American immigration attorney who has dedicated her career to serving immigrant communities with empathy and compassion since 2001. She earned her undergraduate degree from Barry University and her Juris Doctor from St. Thomas University School of Law and was admitted to the Florida Bar in 2003. Fluent in English and Spanish, she handles a wide range of family based immigration, humanitarian relief, waivers, and high volume immigration matters.

Years of Experience: 20+ years of high-level immigration experience