U.S. Citizenship and Immigration Services (USCIS) has officially announced the completion of the initial selection process for the FY 2027 H-1B cap. USCIS received a sufficient number of electronic registrations during the initial period to reach both the 65,000 standard numerical allocation and the 20,000 advanced degree exemption (the “master’s cap”).
This year’s cycle is particularly noteworthy as it marks the first time USCIS implemented a weighted, wage-level-based selection process. This new system prioritizes registrations for higher-paid and higher-skilled foreign workers by granting more entries in the selection pool based on the offered salary relative to Department of Labor wage levels.
Understanding Selection Results
Sponsoring employers and their legal representatives have been notified of the results. To confirm the status of your candidates, you must log into your myUSCIS online organizational account. Registrations will typically reflect one of the following statuses:
- Selected: The employer is eligible to file a full H-1B cap-subject petition for this beneficiary.
- Submitted: The registration was not selected in the initial round but remains eligible for potential subsequent selections later in the fiscal year.
- Denied/Invalidated: This may occur due to duplicate registrations for the same beneficiary by the same employer, or if the registration fee was not successfully processed.
The 90-Day Filing Window
For those with “Selected” registrations, the period to file a formal H-1B cap-subject petition officially opened on April 1, 2026, and will remain open through June 30, 2026. It is vital that petitions are filed correctly at the designated location or online within this 90-day window to avoid forfeiting the selection.
Petitions must be supported by identifying information, such as passport details and wage level that is consistent with the information provided during the initial registration.
New Financial and Regulatory Considerations
Employers should be aware of several significant changes impacting this year’s filing process:
- Updated Form Edition. Effective April 1, 2026, USCIS will only accept the 02/27/26 edition of Form I-129 for H-1B cap-subject petitions.
- $100,000 Supplemental Fee. Under a recent Presidential Proclamation, certain H-1B petitions for beneficiaries applying from abroad through a U.S. Consulate may require an additional $100,000 payment. This fee generally does not apply to those already in the U.S. who are eligible for a change of status.
- Premium Processing. For employers seeking expedited results, the premium processing fee has increased to $2,965.
Next Steps for Employers
To ensure compliance and maximize the success of your H-1B sponsorship, HR teams should take the following actions immediately:
- Verify Selection Status: Review all registrations in your myUSCIS organizational account to identify selected candidates.
- Coordinate with Legal Counsel: Begin the preparation of full H-1B petitions (Form I-129) and ensure all supporting evidence, including certified Labor Condition Applications (LCA) from the Department of Labor is ready for submission.
- Confirm Budgetary Requirements: Account for the $215 registration fee already paid, attorney fees, standard filing fees, and the potential $100,000 supplemental fee for relevant consular cases.
- Monitor “Submitted” Registrations: Keep a record of candidates in “Submitted” status, as USCIS may conduct a second lottery later in the summer if the annual cap is not reached during the initial filing period.
