FY2027 H-1B Cap

FY2027 refers to the U.S. government fiscal year, which runs from October 1, 2026 through September 30, 2027. H-1B cap petitions filed for FY2027, if approved, generally have an employment start date of October 1, 2026.
USCIS reference: https://www.uscis.gov/working-in-the-united-states/h-1b-specialty-occupations 

USCIS typically opens the H-1B electronic registration period in early March. For FY2027, registration is expected to open in March 2026, with the initial registration period generally lasting approximately two to three weeks.

USCIS will announce the official registration dates and deadlines in advance. We will confirm timing and next steps once USCIS publishes final dates.

USCIS references:
https://www.uscis.gov/h-1b-electronic-registration-process
https://www.uscis.gov/newsroom/alerts
https://www.uscis.gov/working-in-the-united-states/h-1b-specialty-occupations

The H-1B cap is the annual numerical limit on new H-1B visas. Currently, 65,000 visas are available under the regular cap each fiscal year, with an additional 20,000 visas reserved for individuals who hold a U.S. master’s degree or higher. 
USCIS reference: https://www.uscis.gov/working-in-the-united-states/h-1b-specialty-occupations/cap-subject-petitions

Yes. USCIS has issued a final rule updating the H-1B cap selection framework. Under the updated approach, the cap process is no longer intended to rely solely on a purely random lottery. Instead, USCIS has adopted a weighted selection framework designed to favor higher-skilled and higher-paid positions, while continuing to allow registrations at all wage levels to be considered.

Under this framework, registrations are evaluated based on the job and wage level associated with each beneficiary. Wage level is a key factor in how registrations are categorized and considered during the selection process. USCIS has not published a fixed numeric weighting formula or guaranteed outcomes at any wage level.

Because of this shift, accurate job classification and prevailing wage analysis are especially important for FY2027 registrations to ensure that registrations are submitted correctly, consistently, and in compliance with current rules.

USCIS references:
https://www.uscis.gov/h-1b-electronic-registration-process
https://www.federalregister.gov/documents/2023/10/23/2023-23095/modernizing-h-1b-requirements-providing-flexibility-in-the-h-1b-program
https://www.uscis.gov/newsroom/alerts

You must confirm your intent to proceed with FY2027 H-1B cap registration by the deadline provided by our firm. This allows sufficient time to complete required legal analysis and prepare the registration before USCIS opens the registration period.

For FY2027, detailed job-related information is required at the registration stage. This Information must be provided for each individual the employer chooses to register under the H-1B cap.

We will request the required job and position details for each registrant through our secure client portal. To protect accuracy and confidentiality, please do not email job details and do not have employees submit this information directly. All information must be provided by the employer through the secure portal as instructed.

Eligibility and prevailing wage level are reviewed during Phase 1, before any H-1B cap registration is submitted. This review focuses on whether the offered position qualifies for H-1B classification and whether the individual appears to meet minimum eligibility requirements for registration purposes.

If issues are identified that may impact eligibility, classification, or registration readiness, we will notify you during Phase 1 so you can decide how to proceed before registration is submitted. Eligibility determinations are based on employer-provided information and are reviewed by an attorney. Final eligibility is determined by USCIS at the petition stage.

For FY2027, accurate wage analysis is critical because USCIS requires that job classification and wage-related information be consistent and defensible from the registration stage through petition filing.

Prevailing wage is not a single fixed number that can be selected without analysis. It depends on how the position is described, the required education and experience, the level of responsibility, and the worksite location. Our role is to analyze these factors and apply Department of Labor wage data correctly so the registration and any subsequent petition are aligned with current regulatory standards.

If you proceed with filing an H-1B petition, the employee must be paid at least the required wage listed on the Labor Condition Application as of the H-1B start date requested in the petition, which for FY2027 is generally October 1, 2026.

Registration does not require the employee to be paid the prevailing wage. However, wage timing, payroll changes, and internal compensation structures can be fact-specific and may require attorney review depending on the circumstances.
USCIS reference: https://www.uscis.gov/working-in-the-united-states/h-1b-specialty-occupations/employer-responsibilities

H-1B cap registration is submitted based on the job information available at the time of registration. If a worksite location changes after registration, this may affect prevailing wage requirements, Labor Condition Application obligations, and overall filing strategy.

Any worksite changes should be reported promptly. If the registration is selected, the impact of the change will be reviewed by an attorney during Phase 2 to determine whether amendments, additional LCAs, or other steps are required.
USCIS reference: https://www.uscis.gov/policy-manual/volume-2-part-m

In some cases, additional worksites may be included at the petition stage, provided all regulatory requirements are met, including proper wage coverage and LCA compliance. Whether this is permissible depends on the nature of the work, the locations involved, and the timing of the change.

This is a fact-specific analysis and must be reviewed by an attorney during Phase 2 if the registration is selected.
USCIS reference: https://www.uscis.gov/policy-manual/volume-2-part-m-chapter-4

This FAQ is intended to address common process-related questions. Questions that are employee-specific, involve changes after registration, or depend on individual facts should be reviewed by an attorney to ensure compliance. Please contact our office so we can evaluate the issue appropriately.