USCIS Says Employers Need Not Notify It If H-1B Electronic Registration Is Not Filed

USCIS began issuing FY 2027 H-1B selection notices on March 27, 2026, and selection alone does not give anyone H-1B status. An employer must still file a full petition between April 1, 2026, and June 30, 2026. If no petition is filed, the selection expires.

That point matters more this year. FY 2027 is the first cap season with weighted selection by wage level, and it follows the one-registration-per-beneficiary system. It also follows the late-2025 $100,000 proclamation fee for certain new H-1B filings.

For workers in the job market, the issue is practical. A selection notice is only useful if an employer is ready to file, pay the required fees, and document a real job offer.

FY 2027 H-1B cap timeline

📅 Key Date: A selected employer must file the full H-1B petition by June 30, 2026. After that date, the selection cannot be reused.

What happens if an employer does not file after selection

A selected registration gives the employer a 90-day filing window, not an H-1B approval. The worker cannot file the petition alone.

If the employer decides not to proceed, USCIS does not require a separate notice of non-filing. Still, USCIS recommends the employer keep records showing why it did not file.

That documentation matters. USCIS has said repeated registrations followed by non-filing can raise questions about whether a bona fide job offer existed at registration.

For the worker, the effect is direct. If that employer never files, that selection is lost for that employer. It cannot be transferred to a new employer later.

Why some selected employers are not filing in FY 2027

The biggest late-2025 change was the $100,000 proclamation fee for certain new H-1B petitions filed on or after September 21, 2025.

This fee can apply to new H-1B cases involving a beneficiary outside the United States or requiring consular processing, subject to the proclamation’s terms. USCIS stated on October 20, 2025 that covered petitions filed without proof of payment will be denied.

That has changed employer behavior. Some employers registered offshore candidates but later decided the filing cost was too high.

Here is the standard H-1B fee structure before any proclamation-based payment:

Fraud scrutiny is higher this year

Every H-1B registration includes an attestation, signed under penalty of perjury, that the registration reflects a real job offer.

USCIS warned on March 19, 2026 that false attestations may lead to petition denial, approval revocation, or referral to federal law enforcement.

That warning has a clear message for employers. Do not register a beneficiary unless the company is ready to file if selected, barring a documented business change.

It also matters for workers. If an employer seemed unsure during registration season, ask direct questions now about filing intent, budget, work location, and start date.

The worker cannot fix a non-filing alone

H-1B is a petitioner-driven process. The beneficiary cannot step in and file the cap petition independently.

There is one important exception to the bad news. Under the beneficiary-centric rule, selection is tied to the person, not to duplicate entries. If multiple employers properly registered the same beneficiary and that beneficiary was selected, each selected registrant may still be eligible to file.

So if Employer A backs out, Employer B may still proceed if it also received selection eligibility for that same beneficiary.

USCIS may also run a second round of selections later in the summer if enough selected employers do not file. That is how USCIS tries to reach the 85,000 annual cap numbers.

💼 Employee Tip: If you are on F-1 OPT, cap-gap protection starts only after a timely filed H-1B petition. Selection alone does not extend work authorization.

FY 2027 compared with the prior cap season

The biggest comparison point is not volume. As of March 30, 2026, USCIS had begun selections, but it had not yet published full FY 2027 registration totals or a final selection rate.

The rule changes are the real story:

FY 2026 already used the one-registration-per-beneficiary rule. FY 2027 adds weighted selection by wage level, effective February 27, 2026.

That makes wage level more important in job planning. Level III and Level IV wages had better odds in selection than lower-paid roles.

Prevailing wage still matters at filing. Employers must pay at least the higher of the prevailing wage or actual wage. Wage levels depend on the SOC code and worksite location.

Because FY 2027 favors higher wage levels, workers should look closely at job classification, duties, and salary. Employers should confirm the offered wage matches the role and location before filing the Labor Condition Application.

What selected employers should do next

Selected employers should move fast. The filing window opens April 1, 2026 and closes June 30, 2026.

1. Confirm the position still exists.
2. Confirm the offered salary and worksite.
3. Check the correct SOC code and prevailing wage.
4. File the LCA with the Department of Labor.
5. Gather degree, transcripts, and evaluation records.
6. Prepare the full H-1B petition package.

For jobs with lower wages or broad duties, expect more scrutiny. Level I wages, third-party placements, and loosely defined degree fields often draw extra review.

What non-selected workers can do now

If you were not selected, or if a selected employer will not file, other visa paths may still work:

• Cap-exempt H-1B with certain universities or affiliated nonprofits
• O-1 for workers with strong national or international distinction
• L-1 for intracompany transferees
• TN for qualified Canadian and Mexican professionals
• STEM OPT extension, if eligible
• A new cap case in the FY 2028 season

USCIS usually opens the next cap registration in early March 2027, with selections by late March.

⏰ Deadline: If your employer has not started LCA and petition preparation by early April, ask for a filing plan immediately. The FY 2027 window closes June 30, 2026.

Employers should decide now whether they will file every selected case, review whether the $100,000 proclamation fee applies, and keep written records if business reasons stop a filing. Employees should confirm the employer’s filing intent, review the wage level and SOC code, and check whether another selected employer can still file. Both sides should track April 1, 2026, June 30, 2026, and October 1, 2026, and use the official USCIS H-1B and Electronic Registration pages for current cap guidance.

📋 Official Resources:

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