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Preparing for the FY 2027 H-1B Cap Under the New Rule and Fees

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As the FY 2027 H-1B cap season approaches, employers will need to take additional steps to prepare for the new wage-based weighted selection system and to assess whether their petitions will be subject to the recently implemented $100,000 H-1B fee.

Registration Opens March 4, 2026

USCIS recently announced that the initial registration period for the FY 2027 H-1B cap will open at 12:00 p.m. Eastern on March 4, 2026, and will close at 12:00 p.m. Eastern on March 19, 2026.

During this window, employers and their representatives must use a USCIS online account to electronically register each prospective H-1B cap beneficiary for the selection process and pay the required $215 registration fee for each registration.

New Changes to the H-1B Lottery

Pursuant to a new regulation, the Department of Homeland Security (DHS) is replacing the traditional random H-1B cap lottery with a weighted selection process that prioritizes beneficiaries offered the highest wages under the Department of Labor’s four-level prevailing wage structure.

DHS plans to implement the system on February 27, 2026, in advance of the FY 2027 H-1B cap season beginning in March 2026.

As a result, employers will be required to indicate, for each prospective beneficiary registered in the H-1B cap system, the applicable Department of Labor (DOL) prevailing wage level corresponding to the offered salary.

How the New Weighted H-1B Lottery Works

The new H-1B quota allocation system will be based on the Department of Labor’s Occupational Employment and Wage Statistics (OEWS) wage levels.

For the FY 2027 cap, employers will be required to specify the OEWS wage level corresponding to the offered salary for each occupation and geographic area at the time of registration.

Beneficiaries offered Level 4 wages (the highest tier) will receive four entries in the selection pool, Level 3 beneficiaries will receive three entries, Level 2 beneficiaries, two entries, and Level 1 beneficiaries, one entry.

$100,000 Fee Applies to Overseas H-1B Lottery Winners

U.S. employers must also pay a $100,000 fee to file new H-1B petitions for workers from abroad pursuant to a presidential proclamation issued in September by President Trump.

A petition will generally be subject to the fee if it is filed for consular processing only, or if it is only approvable with consular notification. This typically applies when the beneficiary is outside the United States or is inside the United States but is not eligible for a change of status.

Selection Process After Registration Closes

After the initial registration period closes, USCIS will conduct the H-1B selection process. We expect selection notifications to be issued by March 31, 2026, through users’ USCIS online accounts to prospective petitioners and representatives who have at least one registration selected.

A petitioner may only file an H-1B cap-subject petition—including for beneficiaries eligible for the advanced degree exemption—if the beneficiary’s registration was selected during the H-1B registration process.

Preparing for the H-1B Cap Under the New Rule and Fees

With the FY 2027 cap approaching, there is no time to wait. The new wage-weighted selection system and the $100,000 fee introduce complexities that can affect both your strategy and your costs. Contact our immigration team today to ensure your registrations are properly structured and compliant from the start.

Contact Us. If you would like to schedule a consultation, please text 619-483-4549 or call 619-819-9204.

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