FY2027 H-1B CAP FILINGS
March 2026: The filing window for H‑1B cap registration for FY 2027 is expected to open. USCIS has not yet announced the exact dates.
October 1, 2026: The earliest start date of employment for selected and subsequently approved petitions
When should cap-subject H-1B cap registrations be initiated with LAC?
H-1B cap registrations should be initiated as soon as possible to ensure a smooth process and minimize the anxiety on employers and employees. We recommend initiating all cap cases by February 1 if possible.
LAC will screen the position and candidate in advance to ensure eligibility to file an H-1B petition if the candidate is selected for filing. We will request certain documents and information from the employer and the candidate to confirm eligibility and collect the information necessary to complete the registration process. Once the registration results are available, LAC will notify the employer and the candidate if they have been selected. H-1B petitions for those selected will be prepared for filing during the 90-day window, which is expected to open on April 1st.
What are the H-1B quota limitations?
Regular cap, (Bachelor’s degree): 58,200
Regular cap, Citizens of Chile: 1,400
Regular cap, Citizens of Singapore: 5,400
Master’s cap exemption (Master’s degree or higher from a U.S university): 20,000
Which individuals may need cap-subject H-1B sponsorship?
- F-1 students – may be working in CPT, OPT or STEM OPT status
- Individuals in TN status (pursuant to the NAFTA/USMCA Treaty)
- Individuals who have L-1A or L-1B status and are subject to quota backlogs preventing them from completing the permanent residency process
- Individuals in L-1B status who can benefit from the additional 1 year in H-1B status
- Individuals in L-1B status for whom an extension is risky due to high RFE rates
- Individuals in E-1/E-2/E-3 or O-1 status who wish to avoid travel restrictions at the end of the green card process
- Candidates seeking to transfer an H-1B from a cap-exempt employer (such as a university) to a cap-subject employer
- Individuals with H-4 EADs who do not want to be reliant on their spouse’s H-1B status
What types of cases are NOT subject to the H-1B cap?
- H-1B amendments (filing to change a term or condition of employment for an employee who already holds H-1B status)
- H-1B extensions (filing to extend the stay of an employee who already holds H-1B status)
- H-1B transfers (filing to transfer an H-1B from Employer A to Employer B)
- H-1B petitions for someone who has held an H-1B in the past and has not exhausted the full six years of H-1B time
- H-1B petitions filed by cap-exempt employers, such as universities or non-profit research institutions
Will the $100,000 H-1B Proclamation fee apply to those selected in the H-1B lottery?
On October 20, 2025, USCIS issued formal guidance clarifying the scope of the September 19, 2025, Presidential Proclamation, Restriction on Entry of Certain Nonimmigrant Workers, particularly relating to who is subject to the $100,000 payment. The guidance clarifies that the Proclamation does not apply to H-1B change of status petitions filed and approved for beneficiaries who are physically present in the United States. Based on the current guidance, the $100,000 payment will not apply if:
- The H‑1B petition is filed as a change of status;
- The beneficiary is physically present in the United States at the time of filing and remains in the U.S. while the case is pending; and
- USCIS approves the change of status request
As such, individuals currently in the U.S. in F‑1, OPT, STEM OPT, or another nonimmigrant status who are selected in the H‑1B lottery and eligible to transition to H‑1B status without departing the country would not be subject to the $100,000 fee.
What is the new wage-based H-1B selection system, and how does it affect FY 2027 cap registrations?
For the FY 2027 H‑1B cap season, the Department of Homeland Security (DHS) will implement a new wage‑based, weighted selection system for cap‑subject H‑1B registrations. While the new system replaces the prior purely random lottery, it does not prevent employers from sponsoring entry‑level or mid‑level roles. Registrations offering higher wage levels receive greater statistical odds of selection, but all wage levels remain eligible to be selected in the cap process.
As reported by Stuart Anderson in Forbes, because companies which historically used about two-thirds of the 85,000 visas available, the chances of selection for employees of other companies may increase. See DHS Finalizes Controversial Immigration Rule On H-1B Lottery
For additional information, please see USCIS to Implement a Weighted Selection System for H-1B Cap Petitions – Larrabee Albi Coker | Immigration Law for Innovators
When and how will winners be notified?
USCIS will send an electronic notice to the account holder who submitted the registration, as well as the responsible LAC attorney, that an action has been added to the account. USCIS has not yet advised when the registration period will open or close, but the lottery selection process is typically completed, and selection notifications are sent out by the end of March.
What happens to registrations that are not selected?
Registrations not selected in the ranking process will remain on reserve in the system for the applicable fiscal year. These unselected registrations will remain on reserve in the event USCIS needs to increase the number of registrations selected to meet the H-1B Regular cap or H-1B Advanced Degree cap slots available.
What are the next steps if a candidate is selected in the lottery?
USCIS will electronically notify an employer’s authorized representative of registrations that have been selected in the initial lottery selection. An H-1B petition will then be prepared and filed with USCIS during the prescribed filing period. If USCIS requires more evidence before it can issue a decision, a request for additional evidence will be issued. Once an H-1B petition has been approved, employment can start no earlier than October 1st.
How much time will USCIS provide to file H-1B petitions once notices of selection have been issued?
USCIS will provide a period of 90 days for petitions based on selected H-1B registrations to be filed. The filing window is expected to open on April 1st.
Will candidates with a U.S. Master’s degree or higher continue to qualify for the Master’s degree exemption?
Yes. U.S. Advanced Degree professionals (applicants who hold a master’s or higher degree from a qualifying U.S. university) will first be considered for selection under the regular cap of 58,200 H-1Bs and if they are not selected, they will be considered for selection under the Master’s Cap exemption cap of 20,000 H-1Bs.
Will Premium Processing be available?
USCIS has not confirmed if premium processing will be available for selected petitions. The availability of premium processing service is usually determined later in the H-1B cap filing process.
What is the fee?
For the FY2027 registration period, the registration fee remains at $215 per applicant. LAC will charge a legal fee for attorney review of the position and candidate eligibility for H-1B classification, and preparation and submission of the registration.