FY 2027 H-1B cap season opens in March 2026, with an October 1, 2026 start date. This year’s planning looks different because USCIS has announced a wage-tier “weighted selection” change effective February 27, 2026, plus continued integrity reviews.
The annual H-1B cap remains 85,000 total slots. That includes 65,000 regular cap and 20,000 U.S. master’s cap. The pressure point is still demand. In FY 2026, USCIS received well over 400,000 registrations, and the effective selection rate remained under 30%.
📅 Key Date: February 27, 2026 is the stated effective date for the weighted H-1B selection change, ahead of March registration.
FY 2027 H-1B cap timeline (employment start: October 1, 2026)
| FY 2027 Milestone | Expected Date (typical) |
|---|---|
| Registration Opens | Early March 2026 |
| Registration Closes | Mid-to-late March 2026 |
| Selection Notifications | Late March / Early April 2026 |
| Filing Window Opens | April 1, 2026 |
| Filing Window Closes | June 30, 2026 |
| Employment Start Date | October 1, 2026 |
USCIS posts cap-season updates at uscis.gov/h-1b-cap-season. Employers should confirm the exact opening and closing dates once published.
What’s new for FY 2027: weighted selection and tighter scrutiny
USCIS has described a move away from a purely random lottery. The stated direction is to prioritize higher OES wage levels during selection.
That intersects directly with the DOL wage structure used on the Labor Condition Application (LCA):
| Prevailing Wage Level | DOL Description | Percentile | Typical Experience |
|---|---|---|---|
| Level I | Entry | 17th | 0–2 years |
| Level II | Qualified | 34th | 2–4 years |
| Level III | Experienced | 50th | 4–6 years |
| Level IV | Fully Competent | 67th | 6+ years |
A wage-weighted model increases pressure on Level I cases. These cases already receive more “specialty occupation” questions.
Beneficiary-centric rule remains a compliance anchor
USCIS implemented a one-registration-per-beneficiary approach. Multiple employers can still register the same person, but each employer must have a real job offer.
This rule reduces “duplicate entry” inflation and raises the bar on documentation consistency.
⚠️ Employer Alert: Beneficiary-centric selection does not reduce compliance duties. Each employer must support a bona fide job offer, LCA compliance, and worksite controls.
FY 2027 vs. FY 2026: demand stays high, but strategy shifts
FY 2026 demand exceeded 400,000 registrations. USCIS typically selects more than 85,000 registrations to account for denials and no-filing. That practice is why the effective selection rate can sit below 30%.
For FY 2027, the headline change is not the cap number but the selection mechanics and the expected scrutiny on:
- Entry-level wages paired with broad duties
- Roles where the degree field is not clearly tied to job duties
- Third-party placements and shifting worksites
- Hybrid and remote arrangements with unclear reporting locations
For employees, job offers with stronger wage positioning may have better odds under a wage-tier approach. For employers, job design and wage planning need to start earlier.
After selection: what employers and employees must do next
Selection is only permission to file. USCIS will still adjudicate the full petition.
Step 1: LCA and wage compliance
Employers must file an LCA with DOL and attest to key wage and working-condition rules. The employer must pay the higher of the prevailing wage or the actual wage.
Prevailing wage research should be documented using recognized sources. Many employers start with flcdatacenter.com.
Step 2: File the H-1B petition during the window
The filing window generally runs April 1 through June 30. Missing the window voids the selection.
Common FY 2027 petition pain points include:
- Specialty occupation evidence
- Worksite proof
- Manager oversight in client-site models
Employer alert: Even with one-registration-per-beneficiary, you must prove a bona fide job offer, LCA compliance, and proper worksite controls for every registration that’s tied to a candidate.
Step 3: Plan start date, travel, and payroll
Approved cap-subject H-1B status typically begins October 1, 2026. Consular stamping may be required if the employee will travel and re-enter.
Employees should plan for longer visa interview timelines. Administrative processing can exceed 90 days for some cases.
If not selected: immediate options and a longer plan
Non-selection is common. A workable plan usually combines short-term status maintenance with a longer-term green card strategy.
Cap-exempt H-1B options
Cap-exempt H-1B is available year-round for qualifying employers, including many:
- Universities
- Nonprofit entities affiliated with universities
- Nonprofit research organizations
- Government research organizations
A cap-exempt role can later support cap-subject filings in a future season.
Other nonimmigrant options
- O-1 for individuals with sustained national or international acclaim
- L-1 for intracompany transferees meeting multinational structure rules
- TN for qualifying Canadian and Mexican professionals in listed occupations
- E-3 for eligible Australian professionals
- H-1B cap-exempt concurrent employment in limited setups
F-1 students: OPT and STEM OPT sequencing
For F-1 students, the critical question is time remaining on OPT or STEM OPT. A non-selection year often becomes a document-heavy year.
Employers should align the job title, SOC code, duties, and supervision structure across OPT training plans and later filings.
💼 Employee Tip: Ask for the offered SOC code, worksite address, and wage level early. These details drive both LCA compliance and selection strategy.
PERM and Green Card Sponsorship: why 2026 planning matters even more
The most stable retention plan is often Green Card Sponsorship through PERM (Program Electronic Review Management).
PERM requires the employer to show no able, willing, qualified, and available U.S. workers exist for the role. It also requires a wage-based framework and strict recruitment steps.
Current planning reality is time. Many employers are seeing:
- Prevailing Wage Determination (PWD): 6–8 months
- PERM (ETA 9089) review: 15–17 months
- End-to-end: 22–26 months without an audit
That timeline changes how employers should think about H-1B uncertainty. If a worker is not selected, PERM can still be a retention tool and can support future H-1B extensions if an H-1B is later obtained.
Best practice in 2026: start PERM earlier than prior years. Many employers begin in Year 1 of STEM OPT or Year 2 of H-1B, not later.
Projected FY 2028 timeline (planning view)
FY 2028 registration should follow the same seasonal cadence:
- Registration: March 2027
- Selections: late March / early April 2027
- Filing: April 1 to June 30, 2027
- Start date: October 1, 2027
Employers with recurring needs should treat January to February as build season. That is when job descriptions, wages, and worksite plans get finalized.
Important dates: weighted selection starts Feb 27, 2026; filing window runs Apr 1–Jun 30, 2026; employment begins Oct 1, 2026. Plan travel and payroll to avoid timing gaps.
Fees and employer payment rules (cap-subject H-1B)
| Fee Type | Amount | Who Pays |
|---|---|---|
| Registration | $215 | Employer |
| Base Filing (I-129) | $780 | Employer |
| ACWIA Fee (25+ employees) | $1,500 | Employer |
| ACWIA Fee (<25 employees) | $750 | Employer |
| Fraud Prevention Fee | $500 | Employer |
| Premium Processing (optional) | $2,805 | Either |
Employers must also follow wage, notice posting, and public access file rules. These are not optional after approval.
Employers should finalize SOC codes and wage levels by February 2026, then prepare LCAs for immediate filing after March selections. Employees should confirm job duties match the degree field and keep travel plans flexible through October 2026. Both sides should map a PERM / Green Card Sponsorship timeline now, using Program Electronic Review Management, due to 22–26 month end-to-end timelines.
📋 Official Resources:
– H-1B Program: H-1B Program
– Cap Season: Cap Season
– Prevailing Wages: flcdatacenter.com
The FY 2027 H-1B cycle marks a pivot toward wage-based selection, favoring higher OES levels. With registration opening in March 2026, employers face a competitive landscape where only 30% of applicants are typically selected. New rules emphasize integrity and beneficiary-centric registrations. Given the 22-26 month timeline for PERM, experts recommend initiating green card sponsorship early to mitigate the risks associated with the H-1B lottery’s high demand.
