Navigating the Fiscal Year 2027 H-1B Cap: Process and timeline for 2026
For U.S. employers and international professionals, the H-1B “cap season” is the most critical window of the year. The process for the Fiscal Year (FY) 2027 cycle introduces significant regulatory shifts, including a move toward wage-based prioritization and substantial new filing fees.
The H-1B visa is subject to an annual limit of 85,000 new visas: 65,000 for the regular pool of beneficiaries with at least a bachelor’s degree in a specific field of study to fit the offered position, and 20,000 for individuals who meet the U.S. job requirements and also have an advanced degree from a U.S. institution. Understanding the strict timeline and new selection criteria is essential for a successful filing.
The 2026 H-1B timeline: Key dates
The 2026 calendar year dictates the ‘FY2027’ cycle. Missing a deadline in March can mean waiting another full year to apply.
Employers should identify candidates, finalize job descriptions and determine the prevailing wage levels for offered positions, and be ready for the registration window, which opens at 12pm ET on March 4, 2026 and closes at 12pm ET on March 19, 2026. All registrations and the non-refundable $215 fee must be submitted by this time.
On March 31, 2026, the U.S. Citizenship and Immigration Services (USCIS) intends to notify all selected registrants via their online accounts. On April 1, 2026, the filing period opens and selected petitioners can begin filing their full H-1B petitions, typically within a 90-day window.
Oct. 1, 2026 is the earliest date an approved FY2027 H-1B worker may begin their employment in H-1B status.
Major Changes in 2026: The weighted lottery
The most significant update for the 2026 season is the implementation of a wage weighted selection process. Unlike the purely random lotteries of the past, this new system favors higher-skilled and higher-paid beneficiaries. The selection probability is now tied to the U.S. Department of Labor’s (DOL) four-tier wage structure. While every unique beneficiary is entered, the number of “entries” for “weights” assigned to them depends on their offered wage.
For example, a level IV wage at or above the 67th percentile of wages for the occupation and area, would be granted four entries in the lottery. This new weighted system ensures that a single individual cannot increase their odds through multiple employer registrations since it’s “beneficiary-centric,” but being offered a higher salary would significantly increase the selection probability.
Further consideration is the $100,000 supplemental fee, which is a financial hurdle established by a late 2025 presidential proclamation. This fee applies to certain H-1B petitions where the beneficiary is currently outside the U.S. or requires consular processing. Note that this fee is generally not applicable to “change of status” petitions for beneficiaries already in the U.S., such as F-1 students on optional practical training (OPT).
To navigate the 2026 H-1B CAP season, employers are required to set up organizational accounts to ensure that their USCIS online account is active well before March 4, and to verify wage levels and determine the correct wage level and classification for each candidate. The beneficiary will also need to provide a valid passport since that serves as their unique identifier.
The 2026 H-1B cap season is more complex and competitively tiered than recent years. Strategic planning around wage levels and budgeting for new fees could be the difference between a successful hire and a missed opportunity.
Barbara Wong-Wilson is an attorney at Mission Law & Advocacy, P.C. and SW Law Group P.C. If you have any questions on U.S. immigration matters, please feel free to reach out to wo**@*********ws.com or wo**@****pc.com.
