| Update Applicable to: | Effective Date |
| All Employers Seeking to Sponsor New, Cap‑Subject Skilled Worker (H‑1B) Petitions | Registration Period Opens on March 4, 2026 |
What happened?
On March 4, 2024, the U.S. Citizenship and Immigration Services (USCIS) put into effect new rules for the annual skilled worker visa cap process. Then, on February 27, 2026, the USCIS added a wage-weighted selection method for the H-1B lottery.
The USCIS replaced pure randomization in the H-1B lottery with a wage-weighted system that favors higher offered salaries. It assigns 1 to 4 lottery entries per beneficiary based on the Department of Labor’s Occupational Employment and Wage Statistics (OEWS) four-tier system (Level I = 1x, II = 2x, III = 3x, IV = 4x).
Overview
USCIS set the Fiscal Year 2027 registration window for March 4 – 19, 2026, with selection notices by March 31, 2026, and petitions filed beginning April 1, 2026.
Two waves of changes now govern cap season:
- 2024 integrity and fairness rules (in effect since March 4, 2024, for FY 2025):
- One entry per person: A beneficiary is entered once, no matter how many employers register them. If selected, each registering employer may file a petition.
- Start‑date flexibility: Petitions may request any start date on or after October 1st of the fiscal year.
- Passport requirement: Each registration must include the same valid passport or travel document the beneficiary will use to enter the United States; no multiple documents per person.
- Stronger denial/revocation authority: USCIS may deny or revoke if identifying data do not match, attestations are false/invalid, fees are invalid, or the petition is not tied to a valid registration.
- 2026 selection and process updates (effective February 27, 2026, for FY 2027):
- Wage‑weighted selection: Each unique beneficiary receives 1 – 4 entries based on the Department of Labor prevailing‑wage level for the offered job (Level I=1, II=2, III=3, IV=4).
- If multiple employers register the same beneficiary, USCIS still treats the beneficiary as a single unique entry in the lottery. Each registration carries its own wage level, and the wage‑weighted entries are assigned based on the wage level associated with each specific registration—not the lowest level across employers.
- Wage‑weighted selection: Each unique beneficiary receives 1 – 4 entries based on the Department of Labor prevailing‑wage level for the offered job (Level I=1, II=2, III=3, IV=4).
- Organizational accounts: Employers must use USCIS organizational accounts (not individual accounts).
- More detail at registration: Provide job title, Standard Occupational Classification (SOC) code, work location, and wage level.
- Potential $100,000 fee at petition stage: A Presidential Proclamation requires this fee for certain new petitions – primarily for beneficiaries outside the U.S. requiring consular processing, with limited exemptions. Change-of-status filings inside the United States are not subject to this fee.
Why this matters:
- Equalized odds per beneficiary: Multiple registrations for the same person no longer increase selection chances, preventing ‘gaming’ of the lottery.
- Selection tied to wage level: The offered wage determines the prevailing wage level used in the weighted lottery, which increases odds for higher‑paid or hard‑to‑fill roles and lowers odds for entry‑level roles.
- Higher compliance stakes: Mismatched data, duplicate documents, or inaccurate wage/SOC details can trigger denial or revocation.
- Budget and timing impacts: Beyond the $215 registration fee and the mandatory $100,000 petition‑stage cost; petition filing still follows a tight April/June window with start dates on/after October 1.
Action Steps for Compliance
- Set up and verify USCIS organizational access before the registration window opens.
- Identify candidates early to ensure timely and accurate submissions.
- Lock down role details – final SOC code, worksite(s), offered wage, and prevailing‑wage level that will appear in registration and match the petition.
- Collect passport/travel document data early; ensure one document per beneficiary across all registrations.
- Plan start dates on or after October 1st as business needs require.
- Budget for the $215 registration fee and, the mandatory $100,000 supplemental petition fee for consular-processing cases involving beneficiaries outside the United States.
- Quality-check every field (names, dates, wage level, SOC, location) to avoid denial/revocation triggers.
Additional Information
- Registration Period & Fees (FY 2027):
- Opens: March 4, 2026 (12:00 PM ET)
- Closes: March 19, 2026 (12:00 PM ET)
- Fee: $215 per beneficiary.
- Selection notices: by March 31, 2026.
- Filing window: April 1–June 30, 2026.
- Employment start: on/after October 1, 2026.
- If USCIS receives fewer registrations than the cap, all compliant entries may be selected.
- Caps & eligibility reminders:
- The annual limit remains 85,000 (65,000 regular + 20,000 U.S. advanced‑degree).
- The lottery applies only to new cap‑subject cases, not to extensions, amendments, most employer changes for already cap‑counted workers, or cap‑exempt employers (e.g., higher‑education and certain research organizations).
- Roles must qualify as specialty occupations (a bachelor’s degree in a specific specialty, or equivalent, is required; the beneficiary must hold a related degree or equivalent).
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