USCIS Reaches Fiscal Year 2027 H-1B Cap

Downtown San Diego from Coronado

USCIS Reaches Fiscal Year 2027 H-1B Cap

On July 17, 2026, U.S. Citizenship and Immigration Services (USCIS) announced that it has received a sufficient number of petitions to reach the congressionally mandated 65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree exemption, known as the master’s cap, for fiscal year (FY) 2027. 

USCIS will send non-selection notices to registrants through the employer’s online accounts over the next few days.  When USCIS finishes sending these non-selection notifications, the status for properly submitted registrations that it did not select for the FY 2027 H-1B numerical allocations will show:

  • Not Selected: Not selected – not eligible to file an H-1B cap petition based on this registration.

USCIS will continue to accept and process petitions that are otherwise exempt from the cap. Petitions filed for current H-1B workers who have been counted previously against the cap, and who still retain their cap number, are exempt from the FY 2027 H-1B cap. USCIS will continue to accept and process petitions filed to:

  • Extend the amount of time a current H-1B worker may remain in the United States;
  • Change the terms of employment for current H-1B workers;
  • Allow current H-1B workers to change employers; and
  • Allow current H-1B workers to work concurrently in additional H-1B positions.

We anticipate the H-1B lottery registration window for FY2028 to open for 2 weeks in March 2027. Registrations selected in that lottery and related approved petitions will support an H-1B employment start date of October 1, 2027. LAC recommends initiating H-1B registration cases for next year in early January 2027 for submission in March 2027.

This update was prepared by Brianda Renteria-Huber, Senior Associate Attorney – Larrabee Albi Coker LLP.

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