• Insights

United States: USCIS Completes FY 2027 H-1B Cap Selection Process

March 31, 2026

insight-news-default

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

At a glance

  • The annual quota of 85,000 H-1B cap beneficiaries was met in the registration period for employment in FY 2027, according to USCIS. The precise number of cap registrations submitted has not yet been disclosed.
  • The agency has completed the regular and advanced-degree selection lotteries and has finished notifying employers of selection results. Employers will need to log into their H-1B cap registration accounts to learn which beneficiaries were selected.
  • H-1B cap selection notices indicate an April 1 to June 30, 2026 petition filing period.
  • If USCIS does not receive enough H-1B cap petitions for unique beneficiaries during this filing period to meet the 85,000 H-1B annual limit, the agency may conduct one or more subsequent lottery selections to reach the limit.

A closer look

USCIS has announced that the annual limit for Fiscal Year (FY) 2027 H-1B cap employment has been met and the lottery selection process has been completed. Sponsoring employers and their attorneys have been notified of the selection results and are now able to view the status of their submissions in their registration accounts.

During the H-1B cap registration period, employers submitted more than enough registrations for unique beneficiaries to meet the quota of 65,000 standard H-1B cap numbers and the cap exemption of 20,000 for holders of U.S. advanced degrees. The precise number of cap registrations submitted has not yet been disclosed by USCIS. New this year, the Department of Homeland Security replaced the longstanding random H-1B cap lottery process with a new weighted lottery that increases the odds of selection for foreign nationals being offered the highest wages according to the Department of Labor’s four-level Occupational Employment and Wage Statistics (OEWS) prevailing wage system. 

What’s next: review lottery results online

To learn the lottery results, your Fragomen attorney and your company’s authorized signatory will need to access their my.USCIS.gov account and review the status of each beneficiary. For each registered beneficiary, the USCIS online system should reflect one of the following statuses:

  • Selected: Selected to file an H-1B cap petition.
  • Denied: The passport or travel document information listed on the registration is invalid, or multiple registrations were submitted by or on behalf of the same registrant for the same beneficiary. If denied as a duplicate registration, all registrations submitted by or on behalf of the same registrant for this beneficiary for the fiscal year are invalid.
  • Invalidated - failed payment: A registration was submitted but the payment method was declined, not reconciled, or otherwise invalid.
  • Deleted: The submitted registration has been deleted.
  • Submitted: If there are subsequent registration selections for this fiscal year, this registration remains eligible, unless subsequently invalidated.

Foreign national beneficiaries must have a “Selected” registration notification for FY 2027 in order for the prospective employer to properly file an H-1B cap-subject petition on their behalf. The status of registrations that are not selected as part of the initial selection process, and are not denied or invalidated, will remain as “Submitted” and eligible for selection in a subsequent FY 2027 cap lottery, should one occur.

What this means for foreign nationals registered in the cap lottery

Your H-1B sponsoring employer(s) and their Fragomen counsel will access the USCIS registration system to determine the outcome of the FY 2027 cap lottery. Employers will review selections and follow their agreed communication protocols for notification of selection. Please rest assured that you will be notified in due course. For those selected in the lottery, your employer’s Fragomen team will proceed with next steps for filing an H-1B petition with USCIS. If your registration was not selected, you can expect a communication and any related immigration strategy to follow from your employer’s Fragomen team or from your employer, consistent with the company’s protocols.

H-1B cap petition filing begins

USCIS will begin to accept H-1B cap petitions on behalf of lottery selectees on April 1, 2026. Selection notices reflect an April 1 to June 30, 2026 filing period. All FY 2027 H-1B cap petitions must be submitted during this period for beneficiaries selected in the initial lottery.

Starting April 1, a new version of Form I-129 is mandatory, and requests more detailed information about the H-1B position than prior versions of the form. Your organization should work with your Fragomen team to provide this information, which focuses on the minimum requirements necessary to perform the duties of the H-1B position. Also new this year, related to the new wage-weighted cap lottery selection process, H-1B cap petitions must include the source material relied on for selection of the OEWS wage level in the foreign national’s submitted registration.

Though in most cases a cap petition can be filed at any point during the filing period, some cases may need to be filed by a specific date within the filing window. For example, an F-1 student with an optional practical training (OPT) employment authorization document (EAD) that expires before the end of the filing period must have their change of status H-1B cap petition filed before the OPT EAD expiration date to ensure cap-gap work authorization benefits through the start date of their H-1B cap petition or April 1, 2027 (whichever is earlier). Your organization should work with your Fragomen team to identify beneficiaries with time-sensitive filing needs.

USCIS will again offer the option of online filing of cap and non-cap H-1B petitions and associated premium processing requests. However, because online filing remains unpredictable in the scope and scale needed for the high volume of H-1B petitions and has other limitations and potential risks, employers should carefully consider with their immigration counsel whether it is advisable. Hard-copy submission remains USCIS’s predominant method of H-1B petition case filing. 

Impact of the $100,000 H-1B fee on cap filings

New this year, prospective employers are reminded that if an H-1B change of status request cannot be approved for a foreign national – for example, a change of status request from F-1 or L-1 to H-1B – and the H-1B petition can only be approved for consular notification, the petition will be subject to a $100,000 fee in order for the H-1B cap petition to be approved, unless the employer has sought and obtained a national interest exception (NIE) to the new fee. Thus far, no national interest exceptions are known to have been granted for the fee, including denied requests in compelling circumstances such as health care workers planning to work in underserved areas of the United States.

Possibility of subsequent lottery selections

If a beneficiary was not selected in this lottery, they will remain in the registration system for consideration for selection in the event that, by June 30, USCIS does not receive a sufficient number of H-1B cap petitions for unique beneficiaries to meet the 85,000 H-1B annual quota. Whether the agency will conduct more than one lottery selection will depend on how many beneficiaries are selected by USCIS in the initial round, as well as how many H-1B petitions for unique beneficiaries are submitted by employers and approved by USCIS.

In last year’s H-1B cap season, USCIS conducted one lottery selection, whereas in fiscal years 2025 and 2024, USCIS conducted two lottery selections and therefore had two separate 90-day H-1B filing periods. It is not known whether or how the new wage-weighted lottery selection process and new $100,00 fee for H-1B consular notification petitions might impact the number of H-1B petitions ultimately filed and approved in the April 1 to June 30 filing period, and therefore whether a second selection is likely.

What’s next

Your company’s authorized signatory and your Fragomen attorneys will need to log into the registration system to determine which beneficiaries have been selected and obtain the USCIS selection notice for each such beneficiary.

To facilitate the submission of H-1B cap petitions, work closely with your Fragomen team so that essential supporting evidence, including the company documentation, H-1B position information, beneficiary educational documents, copy of beneficiary’s passport used for registration, and other required documentation, can be collected promptly if not yet gathered.

Fragomen is closely monitoring H-1B cap developments and will issue updates throughout the cap season.

This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Media mentions

World Business Travel Forum: Leaders in Motion - Middle East Mobility and Travel Resilience

In a Leaders in Motion interview with World Business Travel Forum, Partner Ali Haider and Nomadic CEO Carsten Østberg discuss recent travel and mobility developments across the Middle East and practical considerations for employers managing cross-border talent in the region.

Learn more

Media mentions

Global Mobility Lawyer: Dairy Industry Gains Clarity on H-2A Guest Worker Eligibility

Partner Rachel Beardsley explains how new DHS guidance clarifies that dairy employers may use the H-2A program when they can demonstrate a temporary or seasonal labor need.

Learn more

Media mentions

Times of India: US Finalises Alien Registration Rule: H-1B Holders Need Not Register AgainLearn more

Fragomen news

Fragomen and SICPA Launch a Global Strategic Joint Venture to Advance Global Digital Identity Solutions

Fragomen and SICPA announced the formation of a global joint venture to advance next-generation digital identity solutions for governments, enterprises and individuals.

Learn more

Blog post

Immigration + Tax: A Strategic Duo in Global Mobility

Senior Associate Kyle Sommer and Adam Schwartz, Director in the Global Mobility practice at Andersen, discuss how immigration and tax considerations intersect across common US immigration classifications and why early coordination can help travelers, employers and advisors reduce compliance risks and make more informed mobility decisions.

Learn more

Podcast

Summer Travel Considerations for Foreign Nationals

In this episode of The Immigration Conversation, Senior Associates Sarah Melnick and Kimberly Elmazi discuss key considerations for foreign nationals planning international summer travel, including visa appointment planning, document preparation, consular interviews, port-of-entry procedures and I-94 review.

Learn more

Podcast

A New PM for the UK: What Will This Mean for Immigration Policy?

UK Government Affairs Strategy Director Shuyeb Muquit is joined by Jonathan Thomas of the Social Market Foundation, Dr. Ben Brindle of the Migration Observatory, University of Oxford and Steve McCauley of the University of Cambridge to discuss what a new UK Prime Minister could mean for immigration policy, employers and workforce mobility.

Learn more

Fragomen news

2026年6月 アメリカ移民法ダイジェスト Learn more

Media mentions

NRC: Iedereen met een Canadese voorouder kan nu staatsburgerschap aanvragen – vooral Amerikanen doen dat

Partner Rick Lamanna said Canada’s expanded citizenship rules could make hundreds of thousands if not millions of people eligible while moving against a global trend of tighter citizenship laws.

Learn more

Media mentions

SBS News: The Overlooked Factor in Australia's Migration Debate That's Keeping Figures High

Senior Counsel Dr. Anna Boucher shares insights on the factors influencing Australia's migration trends.

Learn more

Video

United Kingdom eVisa Process | #MobilityMinute

In this Mobility Minute, Senior Immigration Analyst Nicole Dobromirova discusses updates to the UK visitor visa process, including the shift from visa stickers to electronic visas and how travellers can access their digital immigration status.

Learn more

Media mentions

Bloomberg Law: Justices’ Migrant TPS Ruling Undercuts Pending Court Challenges

Partner Daniel Pierce discussed the implications of the US Supreme Court's latest Temporary Protected Status ruling.

Learn more

Media mentions

World Business Travel Forum: Leaders in Motion - Middle East Mobility and Travel Resilience

In a Leaders in Motion interview with World Business Travel Forum, Partner Ali Haider and Nomadic CEO Carsten Østberg discuss recent travel and mobility developments across the Middle East and practical considerations for employers managing cross-border talent in the region.

Learn more

Media mentions

Global Mobility Lawyer: Dairy Industry Gains Clarity on H-2A Guest Worker Eligibility

Partner Rachel Beardsley explains how new DHS guidance clarifies that dairy employers may use the H-2A program when they can demonstrate a temporary or seasonal labor need.

Learn more

Media mentions

Times of India: US Finalises Alien Registration Rule: H-1B Holders Need Not Register AgainLearn more

Fragomen news

Fragomen and SICPA Launch a Global Strategic Joint Venture to Advance Global Digital Identity Solutions

Fragomen and SICPA announced the formation of a global joint venture to advance next-generation digital identity solutions for governments, enterprises and individuals.

Learn more

Blog post

Immigration + Tax: A Strategic Duo in Global Mobility

Senior Associate Kyle Sommer and Adam Schwartz, Director in the Global Mobility practice at Andersen, discuss how immigration and tax considerations intersect across common US immigration classifications and why early coordination can help travelers, employers and advisors reduce compliance risks and make more informed mobility decisions.

Learn more

Podcast

Summer Travel Considerations for Foreign Nationals

In this episode of The Immigration Conversation, Senior Associates Sarah Melnick and Kimberly Elmazi discuss key considerations for foreign nationals planning international summer travel, including visa appointment planning, document preparation, consular interviews, port-of-entry procedures and I-94 review.

Learn more

Podcast

A New PM for the UK: What Will This Mean for Immigration Policy?

UK Government Affairs Strategy Director Shuyeb Muquit is joined by Jonathan Thomas of the Social Market Foundation, Dr. Ben Brindle of the Migration Observatory, University of Oxford and Steve McCauley of the University of Cambridge to discuss what a new UK Prime Minister could mean for immigration policy, employers and workforce mobility.

Learn more

Fragomen news

2026年6月 アメリカ移民法ダイジェスト Learn more

Media mentions

NRC: Iedereen met een Canadese voorouder kan nu staatsburgerschap aanvragen – vooral Amerikanen doen dat

Partner Rick Lamanna said Canada’s expanded citizenship rules could make hundreds of thousands if not millions of people eligible while moving against a global trend of tighter citizenship laws.

Learn more

Media mentions

SBS News: The Overlooked Factor in Australia's Migration Debate That's Keeping Figures High

Senior Counsel Dr. Anna Boucher shares insights on the factors influencing Australia's migration trends.

Learn more

Video

United Kingdom eVisa Process | #MobilityMinute

In this Mobility Minute, Senior Immigration Analyst Nicole Dobromirova discusses updates to the UK visitor visa process, including the shift from visa stickers to electronic visas and how travellers can access their digital immigration status.

Learn more

Media mentions

Bloomberg Law: Justices’ Migrant TPS Ruling Undercuts Pending Court Challenges

Partner Daniel Pierce discussed the implications of the US Supreme Court's latest Temporary Protected Status ruling.

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 9, 2026 | United StatesGlobal Mobility Lawyer: Dairy Industry Gains Clarity on H-2A Guest Worker Eligibility
July 10, 2026 | Saudi ArabiaSaudi Arabia: Extended Grace Period for Foreign Workers in Irregular Status
July 10, 2026 | South AfricaSouth Africa: Medical Report Requirement Waived for Certain Visa Types
July 10, 2026 | United StatesUnited States: TPS Employment Authorization Again Extended Briefly for Several Countries
July 10, 2026World Business Travel Forum: Leaders in Motion - Middle East Mobility and Travel Resilience
July 9, 2026 | United StatesGlobal Mobility Lawyer: Dairy Industry Gains Clarity on H-2A Guest Worker Eligibility
July 10, 2026 | Saudi ArabiaSaudi Arabia: Extended Grace Period for Foreign Workers in Irregular Status
July 10, 2026 | South AfricaSouth Africa: Medical Report Requirement Waived for Certain Visa Types
July 10, 2026 | United StatesUnited States: TPS Employment Authorization Again Extended Briefly for Several Countries
July 10, 2026World Business Travel Forum: Leaders in Motion - Middle East Mobility and Travel Resilience
July 9, 2026 | United StatesGlobal Mobility Lawyer: Dairy Industry Gains Clarity on H-2A Guest Worker Eligibility
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.