News

02 Feb 2026

United States

Initial FY 2027 H-1B Cap Registration Period Will Open on March 4, 2026, and Run Until March 19, 2026

United States Citizenship and Immigration Services (USCIS) has announced that the registration period for the fiscal year (FY) 2027 H-1B cap registration selection process will open at 9am Pacific Time on Wednesday, March 4, 2026. The registration period will close at 9am Pacific Time on Thursday, March 19, 2026. During this registration period, employers/petitioners that wish to file H-1B petitions to employ individuals in H-1B status during FY 2027, which begins on October 1, 2026, may file online registrations for these foreign national(s) through the company’s MyUSCIS Organizational Account portal. After the registration period closes, the USCIS will hold two random selections (commonly referred to as “lotteries”) of all the registrations received and will select a certain number among those filed. The petitioners whose registrations are selected may then file H-1B petitions with the USCIS within a filing window of at least ninety (90) days. USCIS notes that it intends to provide selection notifications to petitioners whose registrations were selected by March 31, 2026.

How Do I File an H-1B Cap Registration?

An employer that wishes to file an H-1B petition for a foreign national employee/beneficiary who is subject to the annual H-1B numerical limitation or cap must establish a MyUSCIS Organizational Account and submit an electronic through this portal for each person for whom it seeks to file an H-1B petition. Multiple registrations for different employees/beneficiaries may be filed from a single account. There is no mechanism for paper registration filing. Only one registration per employee/beneficiary may be filed by a petitioner/employer.  Additional information on the electronic registration process is available on the USCIS H-1B Electronic Registration Process page.

A non-refundable $215 filing fee must be paid to USCIS with each registration.

How Will the Selection Process Change This Year? 

As we reported in our Alert of December 24, 2025, USCIS will introduce this year a “weighted” H-1B selection process. The weighted selection rule increases the odds of selection for H-1B lottery registrations when the beneficiary is being offered higher wages relative to the applicable prevailing wage and job location for the H-1B occupation under the Bureau of Labor Statistics wage survey (OEWS).

What Happens After the Registration Period Closes on March 19?

Once the registration period closes on March 19, USCIS will calculate how many registrations it has received. If the agency determines that it has received more registrations than the statutory annual numerical limitations for H-1B visas, the agency will conduct the weighted selection process described above for all the registrations received. The selection process will consist of two steps. First, an initial selection will be made to registrations eligible to file an H-1B petition under the general H-1B cap (65,000). Once this is concluded, a second selection will be made to select additional registrations who are eligible to file an H-1B petition under the U.S. Master’s cap (20,000). To be eligible for this second lottery, registrations must indicate that the beneficiary holds an advanced degree from accredited and not-for-profit U.S. university.  Because not every selected registration results in a filed and approved H-1B, USCIS will select more than 85,000 total registrations.

How Will I Know if My Registration Was Selected?

The USCIS should notify all petitioners/employers whose registrations are selected by sending an e-mail message indicating that their MyUSCIS Organizational Account has been updated. If the account is updated to show “Selected,” the registration was selected and an H-1B petition may be filed during the designated filing window.

Registrations that are not initially selected will show the status as “Submitted,” meaning that the registration remains pending and is available to be included in any subsequent lotteries that may be conducted (if USCIS does not receive enough H-1B petitions to reach the cap of 85,000). When the status of the registration is updated to show “Not Selected,” the registration was not selected and USCIS does not anticipate the possibility of any further lotteries in this fiscal year. A registration may also show a status of “Denied” (typically because multiple registrations were received from the petitioner/employer for the same beneficiary/employee) or “Invalidated/Failed Payment” (if the $215 payment was declined or otherwise failed).

Registration status is only available in the MyUSCIS portal of the petitioning employer. Employees/beneficiaries who have an H-1B Cap Registration submitted on their behalf do not have access to the MyUSCIS portal or the electronic registration.

What Are My Chances of Selection in the H-1B Cap Lotteries?

The chances of being selected in the FY2027 registration process will, as always, depend on the total number of registrations that are submitted. USCIS has provided the following probabilities of selection under the new weighted process:

  • Level I: 1 entry (~15.29% chance)
  • Level II: 2 entries (~30.58% chance)
  • Level III: 3 entries (~45.87% chance)
  • Level IV: 4 entries (~61.16% chance)

If the beneficiary/employee is eligible for the U.S. Master’s cap, the likelihood of the selection of a registration will be significantly increased, since the beneficiary’s registration participates in two lotteries. The advanced degree held need not be relevant to the proposed H-1B position.

$100,000 H-1B Proclamation Fee

As we also reported in various Alerts last year, certain “new” H-1B petitions filed on or after September 21, 2025, will incur a $100,000 fee.  The $100,000 fee is required for an H-1B petition that (1) is filed for a beneficiary that is outside the United States at the time of filing and does not have a valid H-1B visa; (2) is filed for a beneficiary that is in the United States at the time of filing but requests consular, POE, or PFI notification rather than an extension of stay or change of nonimmigrant status; or (3) whose request for a change of status, amendment, or extension is denied, even if the petition itself is approved (a “split decision” outcome).  In this latter case, it is crucial for H-1B beneficiaries to avoid creating a situation that would allow USCIS to deny a change of status, amendment, or extension request.  Such situations could involve, in the case of a student in F-1 status seeking a change to H-1B status on October 1, a failure to maintain status by accumulating excessive periods of unemployment, not properly reporting STEM Optional Practical Training compliance, or not making satisfactory academic progress.

Current USCIS guidance on the applicability of the $100,000 fee exempts all petitions, including FY2027 cap-subject petitions, that request and are granted a change of status (most commonly, F-1 to H-1B).  To be eligible for a change of status, the beneficiary must be present in lawful status in the United States at the time of filing and through the effective date of the approved petition (October 1, 2026 or later).  Unless USCIS reconsiders this position, any cap-subject change of status H-1B petitions filed for employment with a start date of October 1, 2026, or later will not incur the $100,000 fee, provided that USCIS grants the change of status.

T&S Takeaway

Employers that have identified current or prospective employees who will need or benefit from H-1B status should familiarize themselves with the H-1B cap registration process and should be especially mindful of the time frames involved. Such employers should also pay careful attention to the drafting of the registration, since even a minor oversight or typographical error could cause the registration to be denied or could result in erroneous information being conveyed to the USCIS—which could result in the denial of an H-1B petition if the registration is selected. The attorneys at Tafapolsky & Smith are thoroughly familiar with the intricacies of the H-1B cap registration process and are available to assist any employers that wish to participate in this process.

© 2022 Tafapolsky & Smith LLP. All rights reserved.
The content above is provided for informational purposes only. It should not be construed as legal advice on any subject matter. Use of this information does not create an attorney-client relationship. 

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A. James Vazquez-Azpiri

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J. Anthony Smith

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