H-1B Cap FY27: Harder Than Ever… What To Plan For And Why It's Still Worth It

The FY27 H-1B cap is not business as usual.

Between a wage-weighted lottery, a new $100,000 fee risk, expanded cap-gap rules, and increased USCIS discretion, employers and foreign nationals should expect more friction, not less.

That said, this process matters. Global talent remains essential to U.S. innovation, competitiveness, and growth. The key in FY27 is not avoiding the process, but approaching it with eyes open, patience, and strategy.

Below is what's confirmed, what's different, and how to plan wisely.

1. FY27 H-1B Cap Timeline (Confirmed)

• Registration opens: March 4, 2026 (12:00 PM ET)
• Registration closes: March 19, 2026 (12:00 PM ET)
• Selections issued: By March 31, 2026 (online accounts)
• Registration fee: $215 per beneficiary
• Filing window: 90 days after selection

👉 Employers should set up myUSCIS accounts in February. Beneficiary data cannot be entered before March 4.

2. What's Newly Required at Registration (FY27)?

For the first time under the wage-weighted system, employers must now include::

• SOC (Occupational Code) specific for the H-1B role
• OEWS (Specific Prevailing Wage) Level (Level I–IV)
• Area of Intended Employment (Work Location)

Role alignment and wage analysis must be done by the end of February.

3. The Wage-Weighted Lottery (Biggest Structural Shift)

The lottery is no longer “one person, one chance.” Selection odds are weighted by wage level:

• Level I → 1 entry
• Level II → 2 entries
• Level III → 3 entries
• Level IV → 4 entries

4. Selection of the OEWS Wage Level

• If the offered wage is below OEWS Level I but based on another valid source → Level I.
• If multiple worksites or positions are involved → Lowest qualifying wage level.
• If the wage is listed as a range → Lowest wage in the range.
• If there is no OEWS data → Department of Labor guidance to determine the correct level.

5. The $100,000 H-1B Fee: A Real Planning Risk

The $100,000 fee may apply when a case ends up in consular processing, including if:

• The beneficiary is abroad at filing,
• The petition requests consular/POE/pre-flight processing, OR

• USCIS denies change of status but approves the case for consular processing.

The fee does not apply if the case is approved as a change of status in the U.S.

Note: even when change of status is requested, USCIS can deny it, triggering consular processing. 

6. Cap-Gap Extension To April: Helpful, but Not Risk-Free

Eligible F-1 students with timely filed cap petitions may have work authorization extended through April 1, 2027.

During this period, policy can shift and international travel can break change-of-status eligibility, potentially triggering consular processing and the $100,000 fee.

7. Expect More Friction, Not Faster Processing

FY27 is less about new rules, and more about how discretion is being used. Expect unfamiliar RFEs, narrower interpretations, longer timelines, and mid-season policy shifts.

This doesn't mean cases aren't moving forward. It means planning should assume friction, not smooth sailing.

8. Travel During Cap Season = High Risk

Travel during registration, selection, filing, or post-filing can:

• Jeopardize change of status,
• Force consular processing, and
• Trigger delays, uncertainty, and significant fees.

Our consistent guidance: avoid international travel during the cap season whenever possible.

Why The H-1B Is Worth It

Despite the frustration, the H-1B remains a critical workforce strategy:

• The U.S. labor market cannot meet demand without global talent in STEM, healthcare, and specialized sectors.
• Foreign professionals drive innovation, productivity, and long-term economic growth.

Employers who invest early and plan strategically retain key talent and stay competitive for the long-term. 

Final Takeaway

Employer Action: Do This Now

• Identify and submit to immigration counsel all potential FY27 candidates by early February
• Confirm role, SOC code, wage level, and work location by end of February or before. 
• Align internal stakeholders on travel restrictions
• Prepare leadership for additional vetting and timing variability

Proactive preparation is strategic risk management.

Foreign Nationals Actions: Do this Now

• Valid passport (renew now if expiring within 6-12 months, as applicable)
• All educational degrees and transcripts
• If in F-1 status:
  • All signed I-20s 
  • OPT / STEM OPT EAD card (if applicable)
  • If eligible for STEM OPT, initiate the extension process immediately

Early document readiness reduces filing delays during the 90-day window.

FY27 rewards:

• Early planning,
• Conservative decision-making, and
• Flexibility when the unexpected arises.

The most successful employers and foreign nationals will not plan for a smooth process.
They will plan for the unexpected.

That discipline will determine outcomes this season.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.