The initial registration period for the Fiscal Year (FY) 2027 H-1B cap will run from noon Eastern on March 4, 2026, to noon Eastern on March 19, 2026. During this time, employers (or their authorized representatives) must submit an electronic registration for each prospective H-1B employee through a U.S. Citizenship and Immigration Services (USCIS) online account and pay the $215 nonrefundable registration fee per beneficiary.

Key H-1B Cap Information:

• 65,000 visas are available under the regular cap for professionals (individuals with a bachelor’s degree or higher)
• 20,000 additional visas are reserved for individuals holding a U.S. master’s degree or higher.
• Cap-exempt petitions, do not need to enter beneficiaries into the lottery. They include:

• Universities and institutions of higher education
• Nonprofit research organizations or government research organizations
• Employees already in H-1B status who are extending, amending, or transferring employment

Employers who do not yet have a USCIS online account should create one before the close of the registration period, as account setup may take time. Although attorneys and representatives can be added to an account in advance, beneficiary details and registration fee payments cannot be submitted until the registration window opens. After the registration period closes, USCIS will conduct the lottery and anticipates issuing selection notices by March 31, 2026. Only selected registrations will be eligible to file a full H-1B petition.

USCIS continues to apply a beneficiary-centric lottery system, meaning each beneficiary is entered only once, even if multiple employers submit registrations on their behalf. For FY 2027, a weighted selection process will prioritize registrations associated with higher wage levels, determined by job duties, experience requirements, and work location. Wage levels range from Level I (entry-level) to Level IV (senior-level). If total registrations do not meet the annual cap, all properly submitted registrations will be selected. This selection process may be subject to legal challenges that could affect implementation.

H-1B $100,000 Proclamation Payment Requirement:

• Signed by President Trump on Sept. 19, 2025, titled “Restriction on Entry of Certain Nonimmigrant Workers”.
• Imposes a $100,000 payment for certain H-1B petitions filed on or after Sept. 21, 2025, at 12:01 a.m. EDT.

Who may be subject to this payment:

• Foreign nationals outside the U.S. without a valid H-1B visa.
• Individuals inside the U.S., if the petition requests consular notification, port-of-entry notification, or pre-flight inspection, are required to leave the U.S. and be stamped for re-entry.
• Individuals requesting a change, extension, or amendment where USCIS finds them ineligible, requiring consular notification instead. 

Who is exempt from this payment:

• Petitions filed before 12:01 a.m. EDT on Sept. 21, 2025.
• Beneficiaries inside the U.S. where the petition is approved as a change, extension, or amendment. Please note that beneficiaries initially approved for a change of employer, extension, or amendment may be subject to the $100,000 fee if they leave the U.S. and must be stamped by the consulate to reenter.  

Given these updates, early preparation is critical. Employers should review job descriptions, confirm appropriate wage levels, and verify beneficiary information carefully before registration opens. For guidance on H-1B registration strategy and compliance, contact Agarwal Law Group at 703-348-1663.

‍