On March 31, 2026, U.S. Citizenship and Immigration Services (USCIS) announced that it has received enough electronic registrations to meet the H-1B numerical cap for fiscal year 2027 (FY 2027), including the advanced degree exemption (commonly known as the “master’s cap”). This marks the conclusion of the initial H-1B registration and selection period — the first conducted under USCIS’s new wage-level-weighted process favoring higher offered compensation. Petitioners will have at least 90 days from April 1, 2026, to file H-1B petitions for selected beneficiaries.
USCIS has notified all prospective petitioners whose beneficiaries were selected in the lottery. Registrants’ online accounts will display their registration status, allowing petitioners to confirm selections. Only those with selected registrations may proceed with filing an H-1B cap-subject petition for FY 2027.
H-1B Petition Filing Period
USCIS opened the filing window for H-1B cap-subject petitions on April 1, and petitioners may file only for selected beneficiaries based on a valid registration submitted during the registration period. USCIS noted that the latest date for receipt of cap-subject H-1B petitions is June 30, 2026.
New Form I-129 and Supporting Documents
Petitioners should follow USCIS requirements to avoid rejections or delays. Petitioners must include a copy of the beneficiary’s H-1B selection notice with each cap-subject petition. In addition, as of April 1, USCIS will only accept the Feb. 27, 2026, edition of Form I-129 (Petition for a Nonimmigrant Worker). Compared to prior versions, the new Form I-129 mandates more detailed information about the offered H-1B position and requires that the information be consistent with the Standard Occupational Classification (SOC) code selected during the cap registration process. As another new mandate, USCIS requires that petitioners include “evidence of the basis of the wage level selected” during the registration process.
Petitioners must still submit all other required supporting evidence as outlined in the Form I-129 instructions to establish eligibility for petition approval. Failure to comply with these requirements may result in rejection, a request for evidence or denial of the petition.
$100,000 Additional Fee Requirement
Under the Presidential Proclamation on Restriction on Entry of Certain Nonimmigrant Workers, certain H-1B petitions filed on or after Sept. 21, 2025, must be accompanied by an additional $100,000 payment as a condition of eligibility.
USCIS has confirmed that petitions that cannot be approved as an in-country change of status will be subject to the $100,000 as a condition of approval, unless the agency has approved a national interest exception from the employer in connection with this requirement.
Takeaways
The FY 2027 H-1B filing process presents increased compliance requirements. With stricter documentation requirements and evolving policy considerations, both employers and applicants should proceed with caution and precision. Timely preparation and careful review of eligibility requirements may support a successful H-1B petition.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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