• Insights

The H-1B Cap Lottery FY 2027 is Complete: What Employers Should Do Next

April 17, 2026

Country / Territory

  • United StatesUnited States

Related contacts

Chad Blocker

Chad Blocker

Partner

Los Angeles, United States

Email

[email protected]

T:+1 310 979 6818

Related services

  • Business Visa Services and Technology
  • Corporate Immigration Program Development
  • Immigration Compliance Services
  • Immigration Work Permit Services

Related insights

  • United States: USCIS Completes FY 2026 H-1B Cap Selection Process

Related offices

  • Los Angeles

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Chad Blocker

Chad Blocker

Partner

Los Angeles, United States

Email

[email protected]

T:+1 310 979 6818

Related services

  • Business Visa Services and Technology
  • Corporate Immigration Program Development
  • Immigration Compliance Services
  • Immigration Work Permit Services

Related insights

  • United States: USCIS Completes FY 2026 H-1B Cap Selection Process

Related offices

  • Los Angeles

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Chad Blocker

Chad Blocker

Partner

Los Angeles, United States

Email

[email protected]

T:+1 310 979 6818

Related services

  • Business Visa Services and Technology
  • Corporate Immigration Program Development
  • Immigration Compliance Services
  • Immigration Work Permit Services

Related insights

  • United States: USCIS Completes FY 2026 H-1B Cap Selection Process

Related offices

  • Los Angeles

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

By: Chad Blocker

US Citizenship and Immigration Services (USCIS) announced on March 31 that the initial FY 2027 H-1B round of selections has been completed.  Whether USCIS will run an additional lottery this year remains uncertain. USCIS ran only one lottery last year, while the agency ran a second lottery in each of the prior two years.

While USCIS has not yet announced the total number of H-1B cap registrations this year, it appears to be significantly lower than in the past few years.  Fragomen saw a selection rate of over 50% on average, with some employers seeing selection rates of 65% or higher.  In contrast, the government reported selection rates of only 35% in 2025 and 26% in 2024. 

What Is Behind the Lagging Demand?

Broader economic headwinds, including ongoing workforce reductions across multiple companies, particularly in the tech space, have reduced hiring activity. At the same time, USCIS introduced a new weighted lottery selection system this year that prioritized higher-salaried positions.  One consequence of the new system is that companies did not register beneficiaries who are assuming lower-salaried, entry-level positions at the same rate as in previous years.

Another factor is the widely publicized $100,000 fee for certain H-1B petitions, introduced in September 2025, which altered how companies approach the cap, with many registering far fewer cases than in prior years.

Post-Selection Steps for Employers

With initial lottery results finalized, what are the next steps for employers whose cases were selected?  To start, employers must file their cap petitions before the government’s June 30, 2026, deadline.  With heightened scrutiny on each petition, employers should avoid submitting petitions late in the filing window.  Several new risks have emerged that make preparing a sound H-1B petition more challenging than ever.

Effective April 1, USCIS mandated the use of a new form requiring employers to answer detailed questions about the minimum job requirements of the beneficiary’s position.  These questions must be answered with thoughtfulness and care. At the same time, the $100,000 fee remains in effect. If an employer files a case while the beneficiary is outside the US or the beneficiary travels outside the country while the case is pending, it will trigger the $100,000 fee. Adjudicatory trends suggest that USCIS is placing increased scrutiny on issues such as correct wage level classification and SOC occupation code selection.

What Comes Next

USCIS may run another lottery this year if employers do not file enough cap petitions to exhaust the full allocation of 85,000 H-1B visas.  In addition, there may be other work authorization options, including a STEM OPT extension, cap-exempt H-1B visa, treaty visas such as E-3, TN, H-1B1, extraordinary ability O-1 visa or even permanent residence pathways. It is important to consult a qualified immigration professional to assess the full range of available options.   

Need to Know More?  

For questions about H-1B lottery and related immigration processes, please contact Partner Chad Blocker at [email protected].

This blog was published on April 17, 2026, and due to the circumstances, there are frequent changes. To keep up to date with all the latest updates on global immigration, please subscribe to our alerts and follow us on LinkedIn, Facebook and Instagram.

Country / Territory

  • United StatesUnited States

Related contacts

Chad Blocker

Chad Blocker

Partner

Los Angeles, United States

Email

[email protected]

T:+1 310 979 6818

Related services

  • Business Visa Services and Technology
  • Corporate Immigration Program Development
  • Immigration Compliance Services
  • Immigration Work Permit Services

Related insights

  • United States: USCIS Completes FY 2026 H-1B Cap Selection Process

Related offices

  • Los Angeles

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Chad Blocker

Chad Blocker

Partner

Los Angeles, United States

Email

[email protected]

T:+1 310 979 6818

Related services

  • Business Visa Services and Technology
  • Corporate Immigration Program Development
  • Immigration Compliance Services
  • Immigration Work Permit Services

Related insights

  • United States: USCIS Completes FY 2026 H-1B Cap Selection Process

Related offices

  • Los Angeles

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Chad Blocker

Chad Blocker

Partner

Los Angeles, United States

Email

[email protected]

T:+1 310 979 6818

Related services

  • Business Visa Services and Technology
  • Corporate Immigration Program Development
  • Immigration Compliance Services
  • Immigration Work Permit Services

Related insights

  • United States: USCIS Completes FY 2026 H-1B Cap Selection Process

Related offices

  • Los Angeles

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Blog post

Canada’s Immigration Dual Reality: Narrower Access, Persistent Demand

Partner Jack Kim discusses how Canada’s increasingly selective and complex immigration system is affecting talent access, retention and long-term workforce planning for employers.

Learn more

Blog post

UK Temporary Shortage List Review: What the Migration Advisory Committee's Recommendations Mean for Employers

UK Government Affairs Strategy Director Shuyeb Muquit explores what the recommendations mean, what’s still uncertain and what employers should be watching next

Learn more

Blog post

A1-Bescheinigung für Geschäftsreisen und Entsendungen: Was Arbeitgeber wissen müssen

In this blog, Senior Manager Katharina Vorländer explains when employers need an A1 certificate for employees traveling or working temporarily within Europe, the application process and how timely planning can help manage social security compliance risks.

Learn more

Awards

Fragomen Retains Band 1 Ranking & Receives Four Individual Rankings in Chambers High Net Worth 2026 Guide

Fragomen and UK team members are ranked in the “Immigration: High Net Worth Individuals – UK-wide” category of the Chambers High Net Worth 2026 Guide.

Learn more

Blog post

Establishing a Business Presence in Switzerland: Key Considerations for Employers

In this blog, Director Ana Bessa Santos explores what Swiss authorities expect from employers when assessing work permit applications—including why a well-developed business plan, realistic growth projections and evidence of a genuine operational presence are critical to supporting both initial applications and future permit renewals.

Learn more

Media mentions

Personnel Today: Migration Committee Proposes to Cut 24 Occupations From New Shortage List

Partner Louise Haycock discussed the Migration Advisory Committee’s Temporary Shortage List recommendations and the need for clear workforce plans and transitional arrangements.

Learn more

Media mentions

Business Insider: 3 Lawyers React to Trump's New Limits on Student Visas

Counsel Brian Hunt discusses how proposed changes to F-1 student visas could create uncertainty for international students transitioning to the US workforce.

Learn more

Media mentions

Deutscher AnwaltSpiegel: Rechtliche Risiken bei Mitarbeitereinsätzen aus dem Ausland

Senior Manager Katharina Vorländer explains how employers and clients can reduce legal risks during cross-border employee assignments in Germany.

Learn more

Blog post

Mainland vs. Free Zone in the UAE: Choosing the Right Company Structure in 2026

Senior Manager Zak Hynes explores the key factors businesses should consider when establishing a presence in the UAE—from operating model and visa requirements to banking, office needs and long-term growth plans—in our new blog. The right structure is the one that best supports your business strategy, not simply the lowest upfront cost.

Learn more

Video

2026 Regional Immigration Overviews | #MobilityMinute

Partner Catherine Macris highlights key findings from Fragomen’s 2026 regional immigration overviews, including tighter compliance controls, digital border transformation and emerging pathways for global talent.

Learn more

Media mentions

Gazeta Prawna: Unijny parasol nad pracownikami z Ukrainy rozpięty do 2028 r. Polscy pracodawcy mogą spać spokojnie, ale czas ucieka

Partner Karolina Schiffter discusses how the EU's extension of temporary protection for Ukrainian citizens through 2028 will affect employers in Poland.

Learn more

Fragomen news

Fragomen's Immigration Guide for the UK Tech Sector

Fragomen’s "Immigration Guide for the UK Tech Sector" introduces visa options available for those working and recruiting in the tech sector.

Learn more

Blog post

Canada’s Immigration Dual Reality: Narrower Access, Persistent Demand

Partner Jack Kim discusses how Canada’s increasingly selective and complex immigration system is affecting talent access, retention and long-term workforce planning for employers.

Learn more

Blog post

UK Temporary Shortage List Review: What the Migration Advisory Committee's Recommendations Mean for Employers

UK Government Affairs Strategy Director Shuyeb Muquit explores what the recommendations mean, what’s still uncertain and what employers should be watching next

Learn more

Blog post

A1-Bescheinigung für Geschäftsreisen und Entsendungen: Was Arbeitgeber wissen müssen

In this blog, Senior Manager Katharina Vorländer explains when employers need an A1 certificate for employees traveling or working temporarily within Europe, the application process and how timely planning can help manage social security compliance risks.

Learn more

Awards

Fragomen Retains Band 1 Ranking & Receives Four Individual Rankings in Chambers High Net Worth 2026 Guide

Fragomen and UK team members are ranked in the “Immigration: High Net Worth Individuals – UK-wide” category of the Chambers High Net Worth 2026 Guide.

Learn more

Blog post

Establishing a Business Presence in Switzerland: Key Considerations for Employers

In this blog, Director Ana Bessa Santos explores what Swiss authorities expect from employers when assessing work permit applications—including why a well-developed business plan, realistic growth projections and evidence of a genuine operational presence are critical to supporting both initial applications and future permit renewals.

Learn more

Media mentions

Personnel Today: Migration Committee Proposes to Cut 24 Occupations From New Shortage List

Partner Louise Haycock discussed the Migration Advisory Committee’s Temporary Shortage List recommendations and the need for clear workforce plans and transitional arrangements.

Learn more

Media mentions

Business Insider: 3 Lawyers React to Trump's New Limits on Student Visas

Counsel Brian Hunt discusses how proposed changes to F-1 student visas could create uncertainty for international students transitioning to the US workforce.

Learn more

Media mentions

Deutscher AnwaltSpiegel: Rechtliche Risiken bei Mitarbeitereinsätzen aus dem Ausland

Senior Manager Katharina Vorländer explains how employers and clients can reduce legal risks during cross-border employee assignments in Germany.

Learn more

Blog post

Mainland vs. Free Zone in the UAE: Choosing the Right Company Structure in 2026

Senior Manager Zak Hynes explores the key factors businesses should consider when establishing a presence in the UAE—from operating model and visa requirements to banking, office needs and long-term growth plans—in our new blog. The right structure is the one that best supports your business strategy, not simply the lowest upfront cost.

Learn more

Video

2026 Regional Immigration Overviews | #MobilityMinute

Partner Catherine Macris highlights key findings from Fragomen’s 2026 regional immigration overviews, including tighter compliance controls, digital border transformation and emerging pathways for global talent.

Learn more

Media mentions

Gazeta Prawna: Unijny parasol nad pracownikami z Ukrainy rozpięty do 2028 r. Polscy pracodawcy mogą spać spokojnie, ale czas ucieka

Partner Karolina Schiffter discusses how the EU's extension of temporary protection for Ukrainian citizens through 2028 will affect employers in Poland.

Learn more

Fragomen news

Fragomen's Immigration Guide for the UK Tech Sector

Fragomen’s "Immigration Guide for the UK Tech Sector" introduces visa options available for those working and recruiting in the tech sector.

Learn more
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Important Updates
Important Updates
July 24, 2026 | United KingdomPersonnel Today: Migration Committee Proposes to Cut 24 Occupations From New Shortage List
July 28, 2026 | JapanJapan: Stricter Permanent Residence Requirements Proposed
July 27, 2026 | United KingdomFragomen Retains Band 1 Ranking & Receives Four Individual Rankings in Chambers High Net Worth 2026 Guide
July 27, 2026 | United StatesUnited States: Burma TPS Employment Authorization Extended Through August 3
July 24, 2026 | 🌐Middle East - The Latest News on Mobility and Travel Considerations
July 24, 2026 | United KingdomPersonnel Today: Migration Committee Proposes to Cut 24 Occupations From New Shortage List
July 28, 2026 | JapanJapan: Stricter Permanent Residence Requirements Proposed
July 27, 2026 | United KingdomFragomen Retains Band 1 Ranking & Receives Four Individual Rankings in Chambers High Net Worth 2026 Guide
July 27, 2026 | United StatesUnited States: Burma TPS Employment Authorization Extended Through August 3
July 24, 2026 | 🌐Middle East - The Latest News on Mobility and Travel Considerations
July 24, 2026 | United KingdomPersonnel Today: Migration Committee Proposes to Cut 24 Occupations From New Shortage List
Subscribe

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • TikTok
  • Twitter

© 2026 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.