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February 19th, 2026
Contributor: Trey DeBrine
FY 2027 H-1B Cap Registration: What You Need to Know
The U.S. Citizenship and Immigration Services (USCIS) has announced that the Fiscal Year 2027 H-1B Cap Registration period will open at noon Eastern on March 4, 2026, and will close at noon Eastern on March 19, 2026. This registration season brings significant changes that employers and foreign workers need to understand before the deadline.
Major Changes for Fiscal Year 2027
For the first time, USCIS will implement a weighted selection process that prioritizes higher-skilled and higher-paid positions. Under this new system:
- Level IV wage positions receive four entries in the selection pool.
- Level III wage positions receive three entries.
- Level II wage positions receive two entries.
- Level I wage positions receive one entry.
Despite these changes, wages must still comply with the Department of Labor and USCIS wage leveling regulations. The Department of Labor recently announced Project Firewall, which is aimed at increasing its investigations and enforcement against employers who violate H-1B laws. Employers who choose wage levels or worksite locations to increase lottery chances without consulting a lawyer may mistakenly subject themselves to additional scrutiny under Project Firewall or other regulations.
$100,000 Consular Processing Fee
Under the September 2025 Presidential Proclamation, cases filed consular processing require an additional $100,000 filing fee. While this Presidential Proclamation specifically mentions the H-1B Cap Registration and Lottery, many potential H-1B employees are exempt from this fee. In some cases, it may be possible to review an individual’s specific circumstances to determine whether an exemption from the $100,000 fee applies. Additionally, the Presidential Proclamation includes a National Interest Exemption, which may be relevant depending on the facts of the situation.
Increased Registration Fee
The registration fee has increased from $10 in previous years to $215 per beneficiary. Although this fee increased for the Fiscal Year 2026 lottery, employers who do not regularly use the H-1B program may be surprised by the steep rise from the $10 fee that had been in place since the registration process began. Employers should budget accordingly, especially those planning to register multiple candidates.
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Our firm has extensive experience guiding employers and foreign workers in all industries through the H-1B process.
If you have questions about the Fiscal Year 2027 H-1B Cap Registration season or need assistance preparing your registrations, please contact our office. We're here to help you navigate these changes and achieve your immigration goals.
Categories: Immigration News