February 27, 2026 is the date to watch for FY 2027 cap planning. That is when the new weighted H-1B selection rule is scheduled to take effect, reshaping how registrations compete in the March 2026 lottery window.
This update matters even if you are not “in the lottery” today. Many readers will be planning around Change of Status (COS) filings and the 60-Day Grace Period after job loss, especially if FY 2027 selection timing collides with an I‑94 end date.
📅 Key Date: Late March 2026 is the typical timeframe for FY 2027 selection notices after the March registration closes.
FY 2027 H-1B cap timeline (employment start: October 1, 2026)
USCIS has not published the final FY 2027 cap calendar yet. The dates below reflect the long-running cap pattern and typical timing from prior years.
| FY 2027 Milestone | Date (typical) |
|---|---|
| Registration Opens | Early March 2026 |
| Registration Closes | Mid March 2026 |
| Selection Notification | Late March / Early April 2026 |
| Filing Window Opens | April 1, 2026 |
| Filing Window Closes | June 30, 2026 |
| Employment Start | October 1, 2026 |
How FY 2027 differs from last year
Two changes drive most FY 2027 strategy decisions. Both affect employers and beneficiaries when planning registrations, filings, and COS timing.
First, the one-registration-per-beneficiary rule continues. Since the 2025 shift to beneficiary-centric selection, multiple employers can still register you, but USCIS will treat you as one beneficiary in the selection pool.
Second, selection may be weighted by wage level. DHS published a final rule in late 2025, with an effective date in late February 2026. The tool on this page lists the policy dates and the wage-based entry multipliers.
For employees, this shifts the conversation to SOC code selection, worksite geography, and wage level. For employers, it increases the compliance value of correct leveling and credible specialty occupation evidence.
⚠️ Employer Alert: Wage level and SOC code choices must match the job duties and supervision level. Overstating level creates pay risk. Understating level can increase H-1B scrutiny.
What happens next after selection vs non-selection
If selected
Selection is only permission to file a cap-subject petition. Employers still must file a complete case and meet all filing requirements within the filing window.
- LCA preparation and posting for the offered role and worksite(s).
- Form I‑129 filing within the April 1 to June 30 window.
- Decide COS versus consular processing.
- Respond to any RFE on specialty occupation, wages, or employer–employee relationship.
COS is often the cleaner path if the worker is already in the U.S. and maintaining status. COS changes the worker’s status inside the U.S. on October 1 but does not issue a visa stamp.
If not selected
Non-selection usually means “not chosen in this round.” USCIS may run additional selections if filings do not meet the cap, but that is not guaranteed.
In the meantime, the worker must maintain independent, valid status. That is where COS planning and the grace period become central to preserving options.
Section 1: What is Change of Status (COS) and where it can go inside the U.S.
Change of Status (COS) is a USCIS adjudication that changes your nonimmigrant status inside the U.S. COS relies on your I‑94 admission record and your continued eligibility.
A visa stamp is different. A visa is an entry document used at a port of entry. COS does not give you a new visa stamp.
Common COS targets from H‑1B include B‑2, H‑4, F‑1, and sometimes a move to another work-authorized category through an employer filing, such as O‑1 or L‑1. Eligibility depends on the category rules and your facts.
Filing path matters:
- Many “personal” COS requests use Form I‑539.
- Most employment-based changes use Form I‑129 filed by the employer.
- Dependents often file I‑539s in parallel, to keep everyone aligned.
Section 2: The 60-Day Grace Period: rules, timing, and actions allowed
After H‑1B employment ends, regulations allow a grace period of up to 60 consecutive days, or until the I‑94 expiration date, whichever is earlier. This is often described as a “bridge” period for next steps.
During this window, a person can be in a period of authorized stay even though they are not working. The tool on this page summarizes the exact regulatory phrasing and the action options it lists.
Work authorization is the key trap. Being in a grace period does not mean you can work. Work can usually resume only if a new employer files a nonfrivolous H‑1B petition and you qualify for portability under AC21.
Keep proof that supports dates and compliance:
- Termination notice and the last day worked
- Pay statements and severance terms
- I‑797 approvals and I‑94 records
- Prior LCA and job description packet, if available
💼 Employee Tip: Treat the grace period as a filing deadline, not a rest period. Count days and confirm your I‑94 end date from CBP.
Section 3: Procedure to Change Status (step-by-step)
Step 1: Pick the target status based on purpose. Visitor, dependent, study, or work all have different evidence needs.
Step 2: Confirm the correct form.
- I‑539 is common for B‑2, H‑4, and F‑1.
- I‑129 is required for employer-filed changes, including H‑1B portability, O‑1, and L‑1.
Step 3: Build the evidence packet.
- Identity and travel history: passport, visa, entry stamps
- Current lawful admission: I‑94
- Current status basis: I‑797 approvals, pay history
- Category-specific proof: finances for B‑2 or F‑1, relationship evidence for H‑4
- A short explanation letter that matches facts to the requested category
Step 4: After filing. You should receive a receipt notice. Biometrics may apply in some I‑539 cases. RFEs are common when intent or maintenance of status is unclear.
A timely-filed COS can allow you to remain in the U.S. while the case is pending. Work permission depends on the category and whether the new status authorizes employment.
Section 4: Applying within vs after the 60-day grace period
Filing within the grace period, and before I‑94 expiration, is usually the lowest-risk compliance route. It preserves a stronger argument for authorized stay during processing.
Filing after the grace period is risky. USCIS can deny a COS as untimely. Late filings are discretionary and require strong documentation.
Unlawful presence rules can also affect future visa stamps and reentry planning. Even when USCIS approves an H‑1B petition, it may deny the COS portion and force consular processing.
Section 5: Important clarifications and limits
- COS approval does not automatically grant work authorization unless the new status allows it.
- B‑2 is not a job-search or work status. Working in B‑2 can create long-term immigration consequences.
- An approved I‑140 does not give nonimmigrant status by itself.
- Travel can be dangerous during pending COS. Departure can be treated as abandonment for some requests.
- If you depart, you may need consular processing and a new visa stamp to return.
Section 6: Practical steps if job loss occurs
- Confirm your I‑94 expiration and save the CBP record.
- Document your last day of work and keep payroll records.
- Decide fast between transfer, COS, or departure.
- If a new employer exists, push for an I‑129 filing that supports portability.
- Avoid any work until you have a lawful basis to work.
Section 7: Timeline: before, during, and after the grace period
Before job loss: You are in status if you are working per the petition terms. COS planning is allowed when facts change.
During the grace period: You may have authorized stay. You generally do not have work authorization. A properly filed H‑1B transfer can restart work under portability.
After the grace period: You can fall out of status. Unlawful presence may begin accruing, depending on your I‑94 and USCIS findings. Depart or file a defensible option quickly.
Section 8: Significant new policies (2025–2026) and their impact
Several 2025–2026 developments change cost and risk math for FY 2027 cases. The tool on this page lists the exact dates, the fee amount, and the selection multipliers.
Practical planning impacts include adjustments to filing strategy and an increased focus on accurate wage-level classification and specialty occupation evidence.
– If consular processing triggers a major added fee for certain filings, in‑U.S. COS becomes more attractive when eligible.
– Weighted selection increases focus on prevailing wage levels. Level I roles can face higher scrutiny in specialty occupation reviews.
– F‑1 “cap-gap” timing changes can affect students moving from OPT to H‑1B start dates.
Alternatives if you are not selected in FY 2027
Options depend on your profile and employer type. Evaluate eligibility and timing carefully before pivoting to an alternative category.
- Cap-exempt H‑1B with certain universities, nonprofits, and affiliated entities
- O‑1 for extraordinary ability
- L‑1 for qualifying intracompany transferees
- TN for eligible Canadian or Mexican professionals
- E‑2 / E‑1 for treaty-based employers and nationals, if eligible
- F‑1 for a qualifying program, with careful intent and finance documentation
- B‑2 as a short-term bridge, with strict no-work compliance
Section 9: Official sources and reference URLs
– USCIS H‑1B specialty occupation page: USCIS H‑1B specialty occupations
– USCIS cap season page: USCIS H‑1B cap season
– USCIS options after termination: USCIS information for nonimmigrant workers following termination of employment
– USCIS Form I‑129: USCIS Form I‑129
– USCIS Form I‑539: USCIS Form I‑539
– DOL prevailing wage data: FLC Data Center
Action plan for FY 2027 (employers and employees)
Employers: finalize job duties, SOC code, and wage level by February 2026, before March registration. Prepare LCAs for quick April filing.
Employees: confirm your I‑94 end date now. If job loss occurs, calendar the 60-Day Grace Period and prioritize an I‑129 transfer or a timely COS filing.
Dates to watch: late February 2026 (policy effective date), early-to-mid March 2026 (registration), and April 1, 2026 (filing window open). Review USCIS cap updates at uscis.gov/h-1b-cap-season.
📋 Official Resources:
– H-1B Program: https://www.uscis.gov/working-in-the-united-states/h-1b-specialty-occupations
– Cap Season: https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-1b-specialty-occupations/h-1b-cap-season
– Prevailing Wages: https://flcdatacenter.com
