H-1B Cap Registration for FY2027 Begins Soon

The window for H-1B cap registration (AKA H-1B lottery) will begin Wednesday, March 4^th at 9:00 AM (Pacific Standard Time), and close on Thursday, March 19^th at 9:00 AM (Pacific Standard Time).  After registration closes on March 19^th, USCIS will conduct the lottery process and notify representatives of sponsoring employers of selected beneficiaries by March 31st.  H-1B filings for selected beneficiaries must be submitted between April 1^st and June 30^th.

This year, USCIS will again utilize the beneficiary-centric selection process in which a beneficiary's passport is required as the beneficiary's unique identifier for selection in the lottery. This results in no unfair advantage for beneficiaries who are registered by multiple employers.

Also, due to the fact the $100,000 fee will apply this year only, and only for H-1B beneficiaries who are not in the U.S. (or not qualified for change of status), it is expected that large IT consulting companies, many with significant workforces in India, will significantly reduce the number of non-U.S. based employees they register for the lottery.  This is expected to significantly improve the odds for those who are being registered this year.

What’s New This Year

• The new Wage-Based System for the lottery will give greater chances of selection to beneficiaries offered higher wage positions. A beneficiary receiving a salary that meets level 4 of DOL’s four-level prevailing wage system will be entered into the selection pool four times, while a beneficiary receiving a salary that only meets level 1 prevailing wage will be entered into the lottery pool once. Because prevailing wage differs based on the work location, for beneficiaries that will work at multiple locations, the employer must select the lowest prevailing wage level associated with the position.  Additionally, if more than one employer submits a registration on behalf of a beneficiary, the beneficiary will be entered into the lottery based on the registration with the lowest prevailing wage level.
• The New $100,000 Fee applies to petitions filed for beneficiaries outside the U.S. who do not hold a valid visa, or if the petition requests consular notification, port of entry notification, or pre-flight inspection for a beneficiary in the U.S. This fee does not apply to cap-subject H-1B petitions filed and approved for a change of status (e.g., from F-1 to H-1B status). Because a departure from the U.S. while a change of status H-1B petition is pending will lead to a denial of change of status request, beneficiaries should not leave the U.S. while the H-1B change of status petition is pending. 
• USCIS’s hold and review policy affecting individuals from “High-Risk Countries” currently places an indefinite adjudicative hold on pending benefit requests, including H-1B petitions.  H-1B petitions for beneficiaries from an affected country may still be filed, but will not be approved until the hold is lifted. 

Recommended Actions for Employers

• Identify H-1B candidates (e.g., employees in F-1, TN, L-1, L-2, TN or H4 status) and contact ILG so that we may assist with creating a USCIS organizational account, which is needed before ILG may use its USCIS online account to register each beneficiary.
• Strategize with ILG regarding worksite(s) which impacts the prevailing wage level, which impacts odds of selection in the lottery.
• Strategize with ILG regarding selecting the optimal occupational code which impacts the prevailing wage level, which impacts odds of selection in the lottery. 
• Strategize with ILG regarding increasing base salaries to meet a higher level of prevailing wage (with or without reducing other forms of compensation).

If you have any questions, please feel free to contact your ILG attorney or reach our firm at .