USCIS Completes FY 2027 H-1B Lottery Cap

USCIS Completes FY 2027 H-1B Lottery Cap: Selected Petitions Must Be Filed by June 30 Deadline

The H-1B lottery 2026 cycle is now complete. On March 31, 2026, U.S. Citizenship and Immigration Services (USCIS) announced it had finished the selection process for the H-1B cap for Fiscal Year (FY) 2027. Employers whose registrations were selected now have a strict 90-day window, from April 1 through June 30, 2026, to file a complete H-1B petition with USCIS. Missing that deadline means losing the selection entirely.

This article breaks down what selected employers need to know, what changed in the FY 2027 lottery, and what happens if a petition is not filed on time.

The FY 2027 H-1B Lottery: What Changed This Year

The FY 2027 cycle is the first H-1B visa lottery conducted under a new wage-based weighted selection process, established by a Department of Homeland Security (DHS) final rule that took effect February 27, 2026. This is a significant structural change from the prior random lottery system.

Under the new system, each registration is assigned one to four entries in the selection pool based on the Occupational Employment and Wage Statistics (OEWS) wage level corresponding to the offered salary. A beneficiary offered a salary at OEWS Wage Level IV receives four entries; an entry-level (Level I) salary receives one. Higher-paid workers have a statistically greater chance of selection, though lower-wage registrations can still be selected.

USCIS notified selected petitioners through their USCIS online accounts. Registrations showing a status of “Selected” are eligible to proceed to petition filing. Those showing “Submitted” were not selected in the initial lottery but may be eligible for a secondary lottery later in the summer if USCIS does not receive enough petitions to fill the annual cap.

H-1B Petition Filing Window: April 1 to June 30

For H-1B cap-subject petitions, the filing window opens on April 1 and closes June 30. This is not a soft guideline, it is a hard statutory deadline. An H-1B cap petition can only be filed for a new beneficiary within this period, and only if a valid Selection Notice has been issued to the petitioning employer.

There are several reasons why filing as early as possible within this window is strongly advisable:

• If a petition is rejected before June 30, it may be refiled, but only if the corrected filing is received by USCIS before the deadline closes.
• If a petition is rejected after June 30, there is no recourse. The H-1B selection is voided and the visa number is reallocated.
• USCIS is expected to issue a high volume of Requests for Evidence (RFEs) this season, making strong initial documentation critical.
• Employment under an approved FY 2027 H-1B petition cannot begin before October 1, 2026, regardless of when the petition is filed or approved.

Key FY 2027 Regulatory Changes Employers Must Address

Beyond the new wage-weighted lottery, the FY 2027 H-1B cap season introduces several regulatory requirements that affect how petitions must be prepared and filed:

• New Form I-129 (effective April 1, 2026). USCIS now requires a new edition of Form I-129 for all H-1B cap petitions filed during this season. Submissions using a prior version will be rejected.
• Electronic payments only. USCIS no longer accepts paper checks. All filing fees must be paid electronically via Pay.gov.
• $100,000 Presidential Proclamation fee. Petitions filed on behalf of beneficiaries currently outside the United States who require consular processing must include proof of a $100,000 fee payment. Beneficiaries already in the U.S. seeking a change of status (for example, F-1 OPT to H-1B) are generally exempt.
• Wage level consistency. USCIS will scrutinize petitions to confirm that the SOC code, offered salary, and job duties match the wage level submitted during registration. Discrepancies between the registration, LCA, and Form I-129 are a primary trigger for RFEs and denials.

What a Complete H-1B Cap Petition Must Include

A selected registration is only the first step. A complete H-1B cap petition must include the H-1B Cap Registration Selection Notice, a copy of the passport used for the beneficiary’s registration, a certified Labor Condition Application (LCA) from the Department of Labor, the new Form I-129 with position details consistent with the registration (SOC code, wage level, and area of intended employment), supporting evidence of the beneficiary’s qualifications and specialty occupation, and electronic payment confirmation for all applicable fees.

Substitution of beneficiaries is not permitted. Only the named employer and beneficiary in the Selection Notice may proceed.

Working With an Experienced H-1B Attorney in 2026

The FY 2027 H-1B filing season is among the most complex in recent memory, a new wage-weighted lottery, a new Form I-129, electronic-only payments, a $100,000 consular processing fee, and heightened scrutiny of wage level consistency mean that errors in petition preparation carry greater consequences than in prior years. At Immigration Desk, Attorney Anu Gupta brings 30 years of U.S. immigration law experience and a 99% visa approval rate to H-1B cap petition preparation and filing across multiple regulatory cycles.

If your FY 2027 H-1B registration was selected, or if you have questions about alternative options for candidates who were not, contact Immigration Desk to schedule a consultation. The June 30 deadline will not move.

H-1B Lottery 2026: Frequently Asked Questions

When is the deadline to file an H-1B cap petition for FY 2027?

Selected employers have 90 days from April 1, 2026, to file a complete H-1B cap petition. The filing window closes June 30, 2026. Petitions not submitted by that date will result in the selection being voided, with no opportunity to refile.

What is the new wage-weighted H-1B lottery and how does it affect my chances?

Beginning with FY 2027, the H-1B lottery assigns one to four entries per registration based on the OEWS wage level tied to the offered salary. Level IV (highest wage) positions receive four entries; Level I (entry-level) positions receive one. This means higher-paid workers have a statistically greater chance of being selected, though all wage levels remain eligible.

Can a different attorney file the H-1B petition if a different firm handled the registration?

Yes. An employer can use a different law firm for the petition filing regardless of who handled the registration. The H-1B Cap Registration Selection Notice, downloadable from the employer’s USCIS online account, is the required document to proceed.

When can employment under an approved FY 2027 H-1B petition begin?

No earlier than October 1, 2026, the start of the federal fiscal year. Filing earlier in the April-June window does not move up that date.

Is there a second lottery if a registration was not selected in the initial FY 2027 drawing?

Possibly. USCIS may run a secondary lottery if the annual cap is not filled after June 30, reallocating unused selections among waitlisted registrations, likely in July or August 2026. Historically, the number of visas available in a secondary round has been very limited.

Does the $100,000 H-1B fee apply to all FY 2027 petitions?

No. The fee applies only to petitions for beneficiaries currently outside the U.S. who require consular processing. Beneficiaries already in the U.S. seeking a change of status, such as F-1 OPT holders moving to H-1B, are generally exempt. Consult an immigration attorney to confirm applicability.