Because the FY 2027 H-1B cap season approaches, employers might want to take extra steps to organize for the brand new wage-based weighted choice system and to evaluate whether or not their petitions shall be topic to the just lately applied $100,000 H-1B price.
Registration Opens March 4, 2026
USCIS just lately introduced that the preliminary registration interval for the FY 2027 H-1B cap will open at 12:00 p.m. Japanese on March 4, 2026, and can shut at 12:00 p.m. Japanese on March 19, 2026.
Throughout this window, employers and their representatives should use a USCIS on-line account to electronically register every potential H-1B cap beneficiary for the choice course of and pay the required $215 registration price for every registration.
New Modifications to the H-1B Lottery
Pursuant to a brand new regulation, the Division of Homeland Safety (DHS) is changing the normal random H-1B cap lottery with a weighted choice course of that prioritizes beneficiaries supplied the best wages underneath the Division of Labor’s four-level prevailing wage construction.
DHS plans to implement the system on February 27, 2026, upfront of the FY 2027 H-1B cap season starting in March 2026.
Consequently, employers shall be required to point, for every potential beneficiary registered within the H-1B cap system, the relevant Division of Labor (DOL) prevailing wage degree akin to the supplied wage.
How the New Weighted H-1B Lottery Works
The brand new H-1B quota allocation system shall be primarily based on the Division of Labor’s Occupational Employment and Wage Statistics (OEWS) wage ranges.
For the FY 2027 cap, employers shall be required to specify the OEWS wage degree akin to the supplied wage for every occupation and geographic space on the time of registration.
Beneficiaries supplied Stage 4 wages (the best tier) will obtain 4 entries within the choice pool, Stage 3 beneficiaries will obtain three entries, Stage 2 beneficiaries, two entries, and Stage 1 beneficiaries, one entry.
$100,000 Charge Applies to Abroad H-1B Lottery Winners
U.S. employers should additionally pay a $100,000 price to file new H-1B petitions for staff from overseas pursuant to a presidential proclamation issued in September by President Trump.
A petition will usually be topic to the price whether it is filed for consular processing solely, or if it is just approvable with consular notification. This usually applies when the beneficiary is outdoors america or is inside america however just isn’t eligible for a change of standing.
Choice Course of After Registration Closes
After the preliminary registration interval closes, USCIS will conduct the H-1B choice course of. We count on choice notifications to be issued by March 31, 2026, via customers’ USCIS on-line accounts to potential petitioners and representatives who’ve a minimum of one registration chosen.
A petitioner could solely file an H-1B cap-subject petition—together with for beneficiaries eligible for the superior diploma exemption—if the beneficiary’s registration was chosen in the course of the H-1B registration course of.
Making ready for the H-1B Cap Below the New Rule and Charges
With the FY 2027 cap approaching, there isn’t a time to attend. The brand new wage-weighted choice system and the $100,000 price introduce complexities that may have an effect on each your technique and your prices. Contact our immigration crew at the moment to make sure your registrations are correctly structured and compliant from the beginning.
Contact Us. If you need to schedule a session, please textual content 619-483-4549 or name 619-819-9204.
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