FY 2027 H-1B Cap Preparation

H-1B Lottery time is coming soon!  Similar to previous years, USCIS will utilize an online registration system, which requires employers to submit an online registration for entrance into the lottery prior to submitting their H-1B petition. The registration period runs from the first week of March through the third week of March. If randomly selected, petitioners will be notified by the end of March and will have 90 days to file their cap-subject H-1B petition, from April 1 until June 30. 

If approved, the earliest that an employee can begin work in H-1B classification is October 1, 2026. If you are unable to get an H-1B cap number for this year, the next available start date for H-1B employment is October 1, 2027. The H-1B is a great option, for professional employees such as F-1 students who are working pursuant to Optional Practical Training (OPT) or J-1 trainees as well as those looking at maxing out of L-1B nonimmigrant time.  H-1B Cap-Gap extensions now run through April 1 of the next fiscal year for which the petition was filed, or the start date of the H-1B petition if approved, whichever is earlier.   

There are only 85,000 new, "capped" H-1Bs available each year (65,000 "regular cap" H-1Bs and 20,000 "Master's cap" H-1Bs for employees who possess an advanced degree from a U.S. education institution). This "cap" does not affect individuals who already hold a valid H-1B classification in the United States. 

Although the online registration and selection process will remain consistent, USCIS is transitioning to a weighted lottery system based on the wage level offered to the prospective H-1B candidate in comparison to the government’s online wage data.  Thus, H-1B candidates offered a Level I wage will receive 1 entry, Level II wages will receive 2 entries, Level III wages will receive 3 entries and Level IV wages will receive 4 entries.  

In addition, the Trump Administration previously announced a $100,000 fee assessed to H-1B candidates not currently present in the United States in lawful nonimmigrant status with very limited exceptions.  This fee is not applicable to those currently in the United States in valid status and seeking to change status to H-1B.   

Given the additional time required for strategy and analysis in determining the proper Standard Occupational Classification (SOC) and thus, the ultimate wage level, which are now included in the registration form, it is appropriate to begin preparation now.   

Please contact us now if your company would like to begin the process of preparing H-1B petitions for any of your current or prospective employees.