News Alert

February 3, 2026

 

FY 2027 H-1B Cap Registration to Open March 4, 2026

 

The initial registration period for the Fiscal Year (FY) 2027 H‑1B cap will open at 12:00 p.m. (noon) Eastern on March 4, 2026, and close at 12:00 p.m. (noon) Eastern on March 19, 2026, as announced last week by the U.S. Citizenship and Immigration Services (USCIS).

 

During this window, prospective H‑1B cap‑subject petitioners and their representatives must use a USCIS online account to (1) electronically register each beneficiary, and (2) pay the $215 nonrefundable H‑1B registration fee per registration. USCIS expects to conduct the selection by March 31, 2026, and start accepting petitions for those selected on April 1.

What to Expect for FY 2027 H‑1B Cap Season

 

  • Unique Beneficiary Focus: Like last year, the selection will be based on unique beneficiaries. If there are multiple registrations for the same individual, they will not be able to be selected.
  • Weighted Allocation to Higher‑Paid Workers: It was announced last month that the upcoming H-1B lottery will shift to a weighted system that prioritizes allocating H‑1B numbers to higher‑paid foreign workers, which was indicated to equate to higher skilled workers. For more information on the new weighted selection system, see our T&R news alert here.
  • New $100,000 H-1B Fee for beneficiaries outside the United States: According to the Presidential proclamation issued on September 19, 2025, there will be a surcharge of $100,000 on new H-1B petitions submitted on or after September 21, 2026, for beneficiaries who are outside the United States. For more information and guidance on the new fee, see our T&R news alert here.

Key Takeaways for H-1B Employers 

 

Heading into this year’s H-1B cap registration period, employers and foreign nationals should note the following:

 

  • Registration and process timing: Registrations must be submitted online during the designated window of March 4, 2026, 12PM ET – March 19, 2026, 12PM ET
  • Employers should identify employees now: Employers should start working with their immigration counsel now to identify foreign workers who need to be placed into this year’s cap selection.
  • More information is needed this year to register foreign nationals: Prepare early because more information is needed, including job titles and descriptions, wage analysis, and OES salary levels.
  • There may be a better chance of selection this year:  As there is a $100,000 fee for H-1B beneficiaries who are outside of the United States, some companies maybe be filing fewer H-1B registrations.  Therefore, there is the possibility that there will be a higher selection rate this year despite the weighted lottery selection.

 

T&R is closely monitoring any newson this year’s H-1B cap lottery and will provide updates.

 

Please contact T&R if you have any questions.