The FY 2027 H-1B cap season introduces a major structural change: a wage-weighted selection process replaces the prior random lottery. Registration runs March 4–19, 2026, and the selection methodology now favors higher-paid positions. Here’s what employers and beneficiaries need to know.
Key Takeaways
- The FY 2027 H-1B cap includes 65,000 regular visas and 20,000 advanced-degree (master’s) cap visas, with electronic registration running March 4–19, 2026.
- USCIS is replacing the random lottery with a wage-weighted selection system that gives higher Department of Labor prevailing wage levels more entries into the selection pool.
- To qualify, the position must meet specialty-occupation criteria requiring at least a bachelor’s degree in a directly related field, and the beneficiary must hold the required degree (or equivalent) plus any necessary state license.
- Employers must submit electronic registrations with a $215 nonrefundable fee per beneficiary, obtain a certified Labor Condition Application, and—if selected—file the full Form I-129 H-1B petition within the designated filing window.
- The earliest employment start date for FY 2027 H-1B workers is October 1, 2026.
FY 2027 H-1B Lottery Deadline and Key Dates
The initial registration period for the FY 2027 H-1B cap opens at noon Eastern on March 4, 2026, and closes at noon Eastern on March 19, 2026 per USCIS. Employers and representatives cannot enter beneficiary information or submit registrations before March 4. Late registrations are not accepted, and USCIS does not give preference to early submissions within the registration window. Chary Law works with employers and beneficiaries on cap-season strategy.
Key dates for the FY 2027 cycle:
- February 27, 2026: The wage-weighted selection rule takes effect.
- March 4–19, 2026: Electronic registration window (noon Eastern to noon Eastern).
- By March 31, 2026: USCIS expects to send selection notifications through online accounts to prospective petitioners and representatives with at least one selected registration.
- October 1, 2026: Earliest employment start date for approved FY 2027 H-1B workers.
H-1B Visa Eligibility Requirements
Specialty Occupation Criteria
The H-1B program covers occupations that require theoretical and practical application of a body of advanced, field-specific knowledge, typically demonstrated by a bachelor’s degree or higher in a directly related specialty (or its equivalent) as a minimum entry requirement. Qualifying fields include engineering, mathematics, physical and social sciences, medicine, business, accounting, law, architecture, and the arts.
The employer must show that the role meets at least one regulatory criterion—most commonly that a bachelor’s degree in a specific field is the standard minimum requirement for entry into the occupation, or that the position’s duties are sufficiently complex that a degree in a related specialty is normally required.
Beneficiary Qualifications
The foreign professional must hold a U.S. bachelor’s degree or higher in a directly related specialty, or its foreign equivalent. In some cases, a combination of education and progressively responsible experience may satisfy the degree requirement, as evaluated by USCIS. If the occupation requires a state or local license to practice, the beneficiary generally must hold that license before the petition can be approved.
Employer Obligations
Before filing the H-1B petition, the employer must obtain a certified Labor Condition Application (LCA) from the U.S. Department of Labor. The LCA attests that the employer will pay at least the higher of the prevailing wage or the actual wage for the position, and that hiring the H-1B worker will not adversely affect working conditions for similarly employed U.S. workers.
How the New Wage-Weighted Selection Works
For FY 2027, DHS implemented a final rule replacing the random lottery with a wage-weighted selection process favoring allocation to higher-paid roles. Per USCIS, each registration is weighted based on the Department of Labor’s Occupational Employment and Wage Statistics (OEWS) prevailing wage levels:
- Level IV (highest wage): entered into the selection pool 4 times
- Level III: entered 3 times
- Level II: entered 2 times
- Level I (entry-level): entered 1 time
This weighting applies to both the 65,000 regular cap and the 20,000 advanced-degree cap. If a beneficiary has registrations from multiple employers at different wage levels, USCIS assigns the lowest wage level among all registrations submitted for that beneficiary—a feature designed to discourage gaming the system through artificially inflated wage-level claims.
Employers must specify the Standard Occupational Classification (SOC) code, the intended worksite, and the offered salary corresponding to the OEWS wage level at the time of registration. USCIS verifies consistency between registration data and the final H-1B petition, so misalignment can create downstream issues.
How to Apply: Step-by-Step Registration and Filing Process
- Create a USCIS online account. Employers maintain organizational accounts on myUSCIS; attorneys and representatives use separate representative accounts and may add company clients at any time. Registration submissions cannot begin until March 4.
- Submit electronic registrations between March 4 and March 19. Each registration requires the beneficiary’s valid passport or travel document information (which serves as the unique identifier for beneficiary-centric selection) and the $215 nonrefundable registration fee.
- Await selection results by March 31. USCIS conducts the wage-weighted selection after the registration window closes and posts results to online accounts.
- File the H-1B petition starting April 1, 2026. Selected registrants generally have at least a 90-day window to file the full Form I-129 petition with the certified LCA and all supporting documentation.
Cap-Exempt H-1B Petitions
Petitions filed by U.S. institutions of higher education, affiliated nonprofit entities, nonprofit research organizations, and governmental research organizations are exempt from the annual cap. Cap-exempt petitions can be filed at any time and do not go through the lottery.
Frequently Asked Questions About the FY 2027 H-1B Lottery
What happens if I miss the March 19 H-1B registration deadline?
If your employer does not submit the electronic registration by noon Eastern on March 19, 2026, you cannot enter the FY 2027 lottery. The next opportunity will be the FY 2028 cap season, expected to open in March 2027.
Can I be registered by more than one employer?
Yes. Multiple employers may each submit a separate registration for the same beneficiary. USCIS uses beneficiary-centric selection, however, meaning the individual is selected only once regardless of how many registrations are filed on their behalf.
Does the wage-weighted system guarantee selection at higher wage levels?
No. Higher wage levels improve statistical odds because Level IV registrations are entered into the pool four times compared to once for Level I, but selection is still random within the weighted pool. Higher wages improve probability—they do not guarantee selection.
Are there H-1B petitions exempt from the annual cap?
Yes. Petitions filed by U.S. institutions of higher education, affiliated nonprofit entities, nonprofit research organizations, and governmental research organizations are cap-exempt and may be filed at any time without going through the lottery.
What’s the earliest start date for an FY 2027 H-1B?
October 1, 2026, which is the start of fiscal year 2027 for federal cap purposes.
If you’re an employer or beneficiary preparing for FY 2027 H-1B registration and want strategy support on wage-level alignment and petition documentation, contact Chary Law to schedule an initial consultation.
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Disclaimer: This content is for informational purposes only and does not constitute legal advice. Immigration laws, USCIS policies, processing times, filing fees, and eligibility criteria are subject to change. Individuals considering any immigration matter should consult a qualified immigration attorney for advice specific to their situation. Prior results do not guarantee similar outcomes.
