On January 30, 2026, U.S. Citizenship and Immigration Services (USCIS) announced the registration period for the Fiscal Year (FY) 2027 H-1B Cap. The initial registration window will open at noon (EST) on March 4, 2026, and close at noon (EST) on March 19, 2026.
During the registration period, employers and their legal representatives will be able to register in order to participate in the upcoming lottery if they wish to sponsor a foreign national to work temporarily in the United States under the H-1B program. The H-1B program allows an employer in the United States to petition the USCIS to permit the employer to hire a skilled foreign worker in a professional or specialty occupation that requires at least a bachelor’s degree or higher in the related area. The H-1B petition allows a foreign national to work in the U.S. for an initial period of 3 years. The employer may seek to renew the employment of the foreign national for an additional 3 years.
Major Regulatory Changes for FY 2027
This season marks the implementation of significant new rules designed to prioritize higher-skilled and higher-paid workers:
- Weighted Wage-Based Selection: For the first time, USCIS is replacing the purely random lottery with a weighted system. While all workers remain eligible, those offered higher salaries (relative to the occupation and place of employment) have significantly better odds:
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- Level 4 (Highest): 4 entries in the lottery
- Level 3: 3 entries
- Level 2: 2 entries
- Level 1 (Entry-level): 1 entry
- The $100,000 Supplemental Fee: Under a 2025 Presidential Proclamation, certain new H-1B petitions, primarily those for beneficiaries currently outside the U.S., may be subject to a $100,000 fee at the time of filing. This fee generally does not apply to “Change of Status” filings for those already in the U.S. (e.g., F-1 students on Optional Practical Training (OPT)).
Strategic Immigration Planning for the FY 2027 H-1B Season
If an employer is considering hiring employees on student, exchange visitor visas, or other non-immigrant visas who are not authorized to work lawfully in the United States, legal counsel, such as GRSM’s Immigration & Naturalization team, can assist with key areas of the registration process, including:
- Eligibility Determination: Legal counsel can help vet current and prospective employees before the March 4 registration deadline to ensure that the “specialty occupation” requirements are met.
- Wage Level Optimization: Counsel can guide you in determining the appropriate wage level for each role, a critical factor in maximizing selection odds under the new FY 2027 weighted lottery rules.
- Strategic Planning: Legal advisors can assist you in understanding the impact of the new $100,000 supplemental fee and other recent regulatory changes, helping you manage your hiring budget effectively while exploring other non-immigrant visa options.
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