U.S. Tightens H-1B Rules as Interview Slots in India Move Into 2027

(INDIA) — DHS finalized a weighted H-1B selection rule on December 23, 2025, and India-based Interview Slots for regular visa stamping are now widely deferred into April–June 2027, tightening timelines for FY 2027 hiring.

The FY 2027 cap season (work start October 1, 2026) is arriving with two pressures at once. First, USCIS is moving away from a purely random lottery model. Second, U.S. consulates in India are cutting daily interview volume due to new screening steps.

For many H-1B and H-4 applicants, that means selection is only one hurdle. Visa stamping may be the larger bottleneck.

📅 Key Date: The weighted selection rule becomes effective February 27, 2026, and is expected to govern FY 2027 cap selections.

FY 2027 H-1B timeline (cap-subject)

USCIS publishes annual cap season specifics at uscis.gov/h-1b-cap-season. Employers should still plan around a March registration window.

Major shift: from random lottery to weighted selection, plus a 2027 India interview backlog

DHS announced a final rule on December 23, 2025 replacing random selection with a weighted selection process. The stated intent is prioritizing higher-skilled and higher-paid applicants.

The rule’s effective date is February 27, 2026, which places it directly in front of FY 2027 cap season decisions.

In parallel, regular consular Interview Slots in India are scarce through 2026. Many applicants report the next realistic appointments are deferred to April–June 2027. The operational effect is severe for workers who must travel for a new visa stamp.

This is not just a student-to-H-1B pipeline issue. It affects extensions with stamping needs, H-4 dependents, and some change-of-employer cases requiring consular processing.

⚠️ Employer Alert: If your employee needs India stamping in 2026, build a contingency plan for 12–18 months of delayed re-entry risk.

Policy milestones and effective dates employers must track

Four dates matter for compliance and budgeting:

• September 21, 2025: An additional $100,000 “reform fee” applies to certain new H-1B petitions filed on or after this date.
• December 15, 2025: Mandatory social media / online presence vetting begins for H-1B and H-4 applicants.
• December 23, 2025: DHS finalizes the weighted selection rule.
• February 27, 2026: The weighted selection rule becomes effective for FY 2027 operations.

For employers, the immediate impact is cost forecasting and offer strategy. For employees, the immediate impact is travel risk and documentation hygiene.

Key data points: what’s slowing India appointments

Consular capacity is being squeezed by procedure changes and staffing limits. A key operational constraint is the new “online presence” review. Practitioners are seeing it add about 20 minutes per case.

At scale, that can cut daily throughput sharply. Consulates cited “operational constraints” in deferral communications. Posts in Mumbai, New Delhi, Chennai, Hyderabad, and Kolkata have been associated with reduced daily intake.

The practical result is that many routine appointments are sliding into 2027. This is why FY 2027 planning must separate two issues: USCIS selection and approval versus Department of State visa issuance.

How FY 2027 compares to last year

FY 2026 illustrates the scale pressure on the system. USCIS received about 442,000 registrations and selected roughly 120,000 to fill the 85,000 cap. That implied a selection rate near 27%.

FY 2027 selection mechanics will likely shift again because of two structural changes:

• The one-registration-per-beneficiary model remains in force. Multiple employers can register the same person, but selection is person-based.
• The new weighted selection rule may further reduce odds for lower-paid roles.

That second point matters for roles filed at Level I wages. Level I cases also face increased specialty occupation scrutiny.

What happens next after selection, and after non-selection

If selected

Employers must move fast and file a complete petition in the filing window. Most cases require:

• A properly certified LCA with the correct SOC and worksite location
• Evidence the role is a specialty occupation
• Proof the beneficiary meets the degree requirement
• Wage compliance showing the higher of prevailing wage or actual wage

Prevailing wages track DOL levels. Level I is “entry” and often questioned for complex roles. Employers should confirm that job duties match the wage level.

If not selected

A non-selection is not a denial. It is simply no cap number. USCIS sometimes runs later rounds, but employers should not rely on them.

Employers should also document that the worker was registered properly. Employees should keep registration receipts and selection status records.

💼 Employee Tip: If you are in the U.S. and need a new stamp, think carefully before travel. Many India appointments are deferred into 2027.

India travel and “Interview Experiences”: what to expect at stamping

For Indian nationals, the hardest scenario is leaving the U.S. for stamping and being unable to return. Reports include professionals stuck in India for 14+ months due to unavailable Interview Slots.

Common friction points in H-1B interviews now include detailed employer and client questions, especially for third-party worksites, and requests for updated job descriptions tied to the LCA worksite.

Other common issues are review of public social media consistency with the petition record and extra administrative processing in security-sensitive fields.

Employers should prepare a stamping packet that matches the LCA and petition exactly. Employees should carry recent pay statements and an updated employment verification letter.

Cost and compliance snapshot for employers

The standard H-1B fee stack still applies in most cap cases. The new $100,000 reform fee may apply in addition for covered “new” filings.

Employers should not shift required H-1B fees to the worker through payroll deductions. That can trigger wage compliance issues.

Alternatives if the cap path fails

If FY 2027 selection does not happen, employers should triage options by work location and worker profile.

• Cap-exempt H-1B: Universities, nonprofit research, and affiliated entities can file year-round.
• L-1: For qualifying multinational transfers with one year abroad in the last three.
• O-1: For workers with sustained acclaim and strong evidence.
• F-1 STEM OPT: If the worker is eligible and the employer is E-Verify enrolled.
• B-1/B-2 is not a work option and should not be used to “bridge” employment.

Some firms are also adopting remote-work policies during stamping delays. That decision needs tax and employment counsel input.

Next year’s projected timeline (FY 2028)

FY 2028 will likely follow the same cadence:

• Registration in March 2027
• Selection results by late March / early April 2027
• Filing from April 1, 2027
• Start date October 1, 2027

The difference may be consular capacity. If India appointments are already pushed into mid-2027, FY 2028 candidates could face overlap pressure.

Employers should start wage and job description alignment in January 2026. Employees should confirm the SOC code and offered salary meet at least the prevailing wage.

Both should plan travel only when stamping timing is realistic.

📋 Official Resources:

• H-1B Program: https://www.uscis.gov/h-1b-specialty-occupations
• Cap Season: https://www.uscis.gov/h-1b-cap-season
• Prevailing Wages: https://flcdatacenter.com