FY 2027 H-1B Cap Season: Key Updates

USCIS has released details for the FY 2027 H-1B cap season. The electronic registration period will open at noon Eastern on March 4, 2026, and close at noon on March 19, 2026. Each registration requires a $215 fee, and employers or their attorneys must submit registrations through the new organizational myUSCIS account system. USCIS expects to notify selected registrants by March 31, allowing full petition filings to begin in April 2026.

Wage-Weighted Selection System

For the first time, DHS will implement a wage-weighted selection process, effective February 27, 2026. Under this system, registrations will be weighted based on the Department of Labor wage level offered, with higher wage tiers receiving stronger odds of selection. The rule applies to both the 65,000 regular cap and the 20,000 advanced-degree exemption.

As a result, employers should determine wage levels early, often by securing a certified Labor Condition Application and carefully review compensation structures. Entry-level roles and positions in lower-cost regions may face reduced selection probabilities under the new framework.

Compliance and Scrutiny

USCIS has indicated it will more aggressively review duplicate registrations and questionable job offers this year. Companies that experienced significant layoffs in 2025 should pay particular attention to the “more-likely-than-not” placement attestations required under the organizational account system. Fraudulent or improper submissions could result in denial of related petitions and possible criminal referral.

Impact on Foreign Talent

The wage-weighted system is likely to favor candidates in major metropolitan markets where prevailing wages trend higher, while disadvantageing early-career professionals and those in lower-cost areas. Employers that rely on international graduates through Optional Practical Training (OPT) may need to budget for higher wages or consider alternative classifications such as L-1, O-1, E-2, or TN if candidates are not selected.

USCIS has stated it will monitor implementation outcomes and may adjust weighting factors for the FY 2028 cap season.

Speak to an Employment-Based Immigration Attorney

Please contact one of our employment-based immigration lawyers to hear more about the H-1B visa and other options for hiring foreign-born employees. Our team of immigration attorneys has over four decades of experience assisting employers and employees with employment-based visas and will work tirelessly to address your needs.

Contact us today with any questions regarding the H-1B Cap registration process.

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