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Highlights
- U.S. Citizenship and Immigration Service (USCIS) will open H-1B registration at noon on March 4 and close it 15 days later, by noon on March 19.
- USCIS will issue notices for the initial round of selection on March 31.
- Barnes & Thornburg LLP encourages employers to finalize registrant lists and contingency plans in consultation with immigration counsel.
As the snow melts in parts of the US, the H-1B registration season quickly heats up. Just weeks from today, USCIS will open H-1B registration on March 4.
Following the close of registration on March 19, USCIS will issue notices for the initial round of selection on March 31.
The H-1B visa has long been a "hot ticket" for many years, equipping US employers with a tool to fill specialty occupation roles. Like most "hot tickets," obtaining one is no easy feat. The category is known for its restrictive numerical limitations, limiting the annual number of visas to 65,000 with an additional 20,000 reserved for graduates of US master's degree programs. The H-1B visa has become increasingly difficult to secure due to the gap between the 85,000 visas available and the vacant specialty occupation roles.
Now more than ever, the H-1B visa process requires thoughtful consideration given the nuances involved with respect to visa fees, weighted selection factors, expanded registration requirements, and travel restrictions.
New Weighted Selection
In December, the Department of Homeland Security (DHS) announced the planned implementation of a weighted selection process for cap-subject H-1B petitions. Taking effect on Feb. 27 in advance of the H-1B registration season for Fiscal Year 2027, the weighted selection process will prioritize higher-skilled and higher-paid candidates as follows:
- Wage Level IV: entered four times
- Wage Level III: entered three times
- Wage Level II: entered two times
- Wage Level I: entered one time
Similar to the process employed in recent years, random computer selection will produce the results, precluding an individual registration from being selected more than once.
Importantly, where multiple work locations are listed, the wage level assigned for lottery weighting purposes will be based on the lowest applicable prevailing wage among the listed worksites, meaning the "lowest wage controls" for selection weighting.
Registration Requirements and Filing Fee
H-1B cap-subject registrations will continue to be completed online through the myUSCIS portal.
The USCIS registration filing fee is $215 per beneficiary registration, and the new $215 fee remains in effect for this year's H-1B cap season.
Similar to last year's process:
- Prospective cap-subject H-1B petitioners and their representatives must use a USCIS organizational account online to register beneficiaries and pay required fees.
- Registrations and fee payments must be submitted electronically through that organizational account.
The updated registration system also increases the level of detail required, the new process will require employers to provide additional details regarding the specialty occupation role, including the wage level, job category (SOC Code), and work location(s).
The $100,000 Visa Fee for Cases for Beneficiaries Who Must Process Outside the US
In Sept. 2025, the US executive branch published and implemented a proclamation titled "Restriction on Entry of Certain Nonimmigrant Workers." Under the proclamation, certain H-1B petitions filed since Sept. 21, 2025, must be accompanied by an additional $100,000 payment as a condition of eligibility.
As USCIS later clarified, the Proclamation does not apply to petitions requesting an amendment, change of status, or extension of stay for individuals already present in the United States. However, the proclamation will apply to individuals who are not eligible for a change of status, amendment, or extension of stay.
Visa Limitations
Over the past year, the US has implemented a variety of visa limitations for nationals of 57 countries, as well as individuals holding documents issued by the Palestinian authority. These measures include travel restrictions, visa bonds, adjudicative holds, and the review of prior admissions to varying degrees.
Employers with an international workforce must carefully review active restrictions on a rolling basis to advise employees accordingly and avoid any lapse in work authorization.
Preparing for a Competitive H-1B Landscape
Given these recent developments, and the steady evolution of the H-1B program over the past decade, the lottery system itself has become more challenging to navigate. In preparation for the Fiscal Year 2027 H-1B selection process, employers should work with immigration counsel to strategically identify H-1B registrants, assess eligibility, and evaluate alternative visa strategies, including O-1, TN, E-3, H-1B1, E-2 and other employment-based options where appropriate.
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.
