With USCIS having now announced the FY 2027 H‑1B cap lottery registration dates, this is an opportune time to revisit the H‑1B registration process and highlight key considerations for employers as the registration period opens next month.

As discussed in our January 2026 article on major policy changes affecting the FY 2027 H‑1B cap, this year’s registration cycle introduces significant new complexities, making early and strategic preparation more critical than ever for employers seeking to sponsor foreign national talent.

FY 2027 H‑1B lottery registration dates and overview

The FY 2027 H‑1B cap registration period will open at 12:00 pm EST on March 4, 2026, and close at 12:00 pm EST on March 19, 2026. During this period, prospective employers may submit electronic registrations on behalf of foreign national beneficiaries through the USCIS online registration system. The filing fee per registration is $215.

Employers whose registrations are selected in the lottery will be eligible to file H‑1B petitions for those beneficiaries, requesting an employment start date of October 1, 2026. Demand for H‑1B visas has continued to exceed supply over recent years with only 65,000 visas available under the regular cap and an additional 20,000 visas reserved for US master’s degree holders.

Key policy changes for FY 2027

As outlined in our earlier analysis, the FY 2027 H‑1B process will differ materially from prior years due to several significant policy changes. Employers are therefore encouraged to take proactive steps to prepare for the revised system.

Wage‑level weighted lottery
USCIS will implement a new wage‑based, weighted lottery selection system. Under this framework, each registration will be assigned a wage level (Levels I–IV) based on the Department of Labor’s prevailing wage structure. Registrations associated with higher wage levels will receive proportionally greater weighting, thereby increasing their likelihood of selection.

This change is intended to incentivize employers to offer higher wages and to prioritize positions classified as “high‑skilled, high‑wage” roles in the H‑1B selection process.

New $100,000 H‑1B application fee
A Presidential Proclamation issued in September 2025 introduced new restrictions on certain H‑1B petitions unless employers pay an additional $100,000 application fee. This requirement is currently in effect from September 21, 2025, through September 20, 2026, with the possibility of extension.

Importantly, the $100,000 fee applies only to petitions where the beneficiary is outside the United States at the time of filing. The fee does not apply to candidates already inside the United States, such as F‑1 students working pursuant to Optional Practical Training (OPT).

Visa suspensions and adjudication impacts
In addition to the revised lottery process and fee structure, the US government has implemented visa bans and suspensions affecting foreign nationals from certain countries. Pursuant to Presidential Proclamations and corresponding US Department of State guidance, visa adjudications and entry into the United States have been fully or partially restricted for nationals of designated countries.

Furthermore, USCIS has suspended the adjudication of certain petitions for beneficiaries who are nationals of, or who were born in, certain countries.

What employers should do now

Given these policy changes, employers should work closely with US immigration counsel to take the following preparatory steps:

• identify potential H‑1B candidates as early as possible;
• assess each candidate’s eligibility for H‑1B classification;
• determine whether any prospective candidates may be affected by processing suspensions;
• review wage levels for all prospective H‑1B roles to understand how they may be weighted in the lottery;
• where feasible, prioritize registration of foreign nationals already inside the United States in valid nonimmigrant status to avoid the $100,000 fee; and
• evaluate alternative visa options (including E‑1/E‑2, L‑1, and O‑1) for candidates who may not be competitive under the revised system.

Multiple lawsuits are currently challenging both the $100,000 H‑1B application fee and the visa suspension framework. We are closely monitoring ongoing legal and regulatory developments and will continue to update our clients as further guidance becomes available.

For additional detail, see our prior article on this topic and for tailored guidance, please contact your Laura Devine Immigration attorney or email enquiries@lauradevine.com.