U.S. Citizenship and Immigration Services (USCIS) has confirmed that the FY 2027 H-1B cap registration period will open at 12:00 PM (ET) on March 4, 2026, and close at 12:00 PM (ET) on March 19, 2026.
During this window, employers seeking to sponsor foreign professionals for cap-subject H-1B visas must submit an electronic registration through the USCIS online system and pay the required $215 H-1B registration fee per beneficiary.
This year’s cap season is particularly important because it introduces structural changes that may significantly affect employer strategy.
As in prior years, Congress has allocated a total of 85,000 H-1B cap-subject visas, divided into:
If registrations exceed the statutory cap, which has occurred every year, USCIS will conduct a selection process. However, for FY 2027, that process will not be the traditional random lottery.
Beginning with the FY 2027 H-1B cap season, the Department of Homeland Security (DHS) will implement a weighted selection system.
Instead of selecting registrations entirely at random, USCIS may prioritize beneficiaries based on defined criteria, including wage level and skill alignment. The stated objective is to allocate H-1B visas to higher-skilled and higher-compensated positions in order to better reflect labor market needs.
If the number of unique beneficiary registrations exceeds the annual cap, USCIS will conduct a weighted lottery. If registrations fall below the cap, all properly submitted registrations will be selected.
This policy shift signals a move toward a more merit-focused H-1B selection process.
A recent presidential proclamation issued on September 19, 2025, introduced the possibility of an additional $100,000 government filing fee for certain petitioners whose H-1B registrations are selected.
While this fee would not apply at the registration stage, it may be required at the petition filing stage for qualifying employers. If implemented, this would substantially impact employer budgeting and workforce planning.
Companies participating in the FY 2027 H-1B cap season should carefully evaluate whether this potential filing fee could apply to their organization.
To participate in the March 2026 H-1B registration period, employers must:
Only employers with selected registrations will be eligible to file full H-1B cap-subject petitions.
Given the new H-1B weighted lottery system and potential filing fee increase, early planning is critical.
Employers should:
Relying on past lottery patterns may no longer be sufficient under the revised framework.
The FY 2027 H-1B cap season signals more than a regulatory adjustment, it reflects a broader shift in U.S. business immigration policy toward skill-based prioritization, higher wage standards, and intentional selection rather than pure lottery chance.
For employers and foreign professionals, this means H-1B should no longer be viewed as the only pathway. Depending on credentials, experience, and long-term goals, alternatives such as the EB-1A extraordinary ability green card or the EB-2 (including National Interest Waiver) may offer more strategic, stable solutions, particularly for highly skilled professionals, researchers, executives, entrepreneurs, physicians, and STEM experts. In some cases, these options provide a path to permanent residence without relying on the uncertainty of the H-1B cap.
At Zhang-Louie PLLC, we focus exclusively on U.S. immigration law. We do not operate as a job placement agency or intermediary. Instead, we help employers and foreign nationals evaluate all viable visa and green card strategies, including H-1B, EB-1A, and EB-2 pathways, to build forward-thinking immigration plans aligned with evolving regulations and long-term professional objectives.
As the H-1B landscape becomes increasingly competitive and policy-driven, proactive planning, early case strategy, and exploration of alternative immigration options are no longer optional, they are essential.
GET IN TOUCH
