According to U.S. Citizenship and Immigration Services, the first registration period for the fiscal year (FY) 2027 H-1B cap will begin at noon Eastern on March 04, 2026, and end at noon Eastern on March 19, 2026. During this time, potential H-1B cap-subject petitioners and their representatives must register each beneficiary electronically for the selection process using a USCIS online account and pay the $215 H-1B registration fee for each registration. You must set up an organizational account if you are an employer filing an H-1B petition and do not already have a USCIS online account. Representatives may add company clients to their accounts at any time, but both representatives and employers must wait until March 04, 2026, to enter beneficiary information and submit registrations and the related $215 fee. Following the conclusion of the original registration period, selections are made.
By March 31, 2026, USCIS plans to notify potential petitioners and representatives who have at least one registration selected via their USCIS online accounts. Only if their registration for the beneficiary of the cap-subject petition was chosen during the H-1B registration process may a petitioner file an H-1B cap-subject petition, including a petition for a beneficiary who qualifies for the advanced degree exemption.
New for the 2027 Fiscal Year Cap Season – The Department of Homeland Security is replacing the longstanding random H-1B cap lottery process with 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. When an employer registers a beneficiary for the FY 2027 cap, the employer will be required to indicate the OEWS wage level to which the proposed salary corresponds for that occupation and geographic area of employment. A beneficiary whose offered wage matches Level 4 (the highest tier) of the four-level OEWS compensation structure will be entered into the selection pool four times. A Level 1 beneficiary will be entered once, a Level 2 beneficiary twice, and a Level 3 beneficiary three times. When deciding on the appropriate pay level needed for the H-1B cap registration, employers should collaborate closely with legal counsel. Similar to previous years, USCIS is projected to receive substantially more H-1B cap registrations than needed to achieve the annual quota of 85,000. USCIS will hold two lotteries at the conclusion of the registration period to choose enough beneficiaries to reach the 85,000 annual limit. The initial lottery will cover all registered beneficiaries and will choose enough to reach the regular cap of 65,000. Registered U.S. advanced-degree holders who were not selected in the first lottery are included in the second lottery, which would pick enough people to satisfy the advanced-degree cap exemption of 20,000.
By March 31, 2026, USCIS intends to inform immigration attorneys and employers of the recipients. Every prospective employer that submitted a legitimate registration on the beneficiary’s behalf will be informed if the beneficiary is chosen, and each of those employers will be qualified to submit an H-1B petition on the beneficiary’s behalf. Each beneficiary who wins will get a selection notice from USCIS. Employers are not permitted to substitute beneficiaries; the selection notification is only valid for the designated beneficiary.
A significant first step toward reforming the H-1B nonimmigrant visa program was taken on September 19, 2025, when President Trump signed a Proclamation, Restriction on Entry of Certain Nonimmigrant Workers. While the proclamation does not directly influence the computerized registration process, if a petitioner gets their registration selected and is qualified to file an H-1B cap-subject petition, they may need to pay an additional $100,000 fee before filing the H-1B petition as a condition of eligibility.
What should companies do right now – Employers should consult with their immigration counsel as soon as feasible to determine H-1B cap needs, collect beneficiary data, and become aware of new regulations. Early planning is especially important because the new wage-weighted lottery necessitates a preliminary study for each registration. Your organization should also collaborate with your LBL team to begin gathering supporting documentation and information for the H-1B cap season; early preparation can reduce the likelihood of delays during the peak registration and petition filing periods.
Luke Bowman Law will continue to closely monitor developments and provide updates as more reliable and official information becomes available. If you have questions about how this potential policy could affect your specific situation, please feel free to contact us or book an appointment here
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Sincerely,
Luke Bowman
The Law offices of Luke Bowman