FY 2027 H-1B Cap Reached as USCIS Completes Selection Process
USCIS has confirmed that the H-1B visa cap for fiscal year 2027 has been reached following the electronic registration period. The agency has completed the initial selection process and has notified employers through their USCIS online accounts.
The annual cap remains 85,000, made up of 65,000 regular cap places and 20,000 places for beneficiaries with qualifying US advanced degrees. USCIS has not yet published the total number of registrations submitted for this cap season.
Check Selection Status
Employers should log into their USCIS online registration accounts to review the outcome for each registered beneficiary. Only registrations showing as “Selected” can proceed to a cap-subject H-1B petition for FY 2027.
Registrations that remain in “Submitted” status were not selected in the initial round, but they may remain eligible if USCIS later conducts a further selection round. Registrations marked as denied, deleted or invalidated will not move forward in this cap season.
Petition filing runs from April 1 to June 30 2026
Selected employers can file H-1B cap petitions from April 1 2026. Selection notices show a filing window ending on June 30, 2026. Employers should treat the window as a case preparation deadline rather than a general administrative period.
From April 1, 2026, USCIS only accepts the 02/27/26 edition of Form I-129 for H-1B cap filings. The form requires more detailed information about the sponsored role, including the minimum requirements for the position. Petitioners should also be ready to support the wage level and role information used during registration.
F-1 and OPT cases may need earlier filing
Not every selected case can safely wait until late in the filing window. Where the beneficiary is in F-1 status and working under OPT, timing can affect cap-gap work authorization. If the OPT EAD expires before the end of the filing period, the employer may need to file the change of status petition before the EAD expiry date to preserve work authorization.
Employers should identify time-sensitive cases at the outset, including beneficiaries with expiring work authorization, travel plans, status issues or documentary gaps.
Further selections remain possible
USCIS may conduct further selections if it does not receive enough qualifying H-1B cap petitions for selected beneficiaries by the end of the initial filing window. Unselected registrations that remain valid in “Submitted” status may therefore still be selected later in the fiscal year.
Employers should not rely on a second lottery as a workforce planning strategy. Alternative visa options, extension planning and contingency hiring routes should be considered where a registration was not selected.
Filing risk has increased for employers
The FY 2027 cap season places greater emphasis on consistency between registration and petition-stage evidence. Employers should expect closer scrutiny of the job description, wage level, minimum role requirements, Labor Condition Application and supporting corporate documents.
Cases approved for consular notification may also raise additional cost and strategy issues under the separate H-1B entry restriction and $100,000 payment framework, unless an exception applies. Employers should assess at the outset whether a change of status request is available and whether any consular processing risk exists.
NNU Perspective
Employers have to be mindful that a selected registration only grants permission to file, and it does not reduce the need to prove that the role, wage level and beneficiary credentials satisfy the H-1B rules.
Consistency across all filings and submissions at each stage will be critically important. If the petition does not align with the registration, the LCA, the wage level evidence or the stated job requirements, USCIS may challenge the filing. Employers should prepare each selected case as if it will be reviewed line by line against the registration record.
The filing window also creates pressure. Ninety days can disappear quickly once internal approvals, academic documents, position descriptions, wage evidence and attorney review are factored in. F-1 OPT cases in particular need attention because the filing date can directly affect ongoing work authorization.
Employers with unselected registrations should keep those cases under review, but shouldn’t assume that a later selection will occur. The safer approach is to file promptly where selected and assess alternative immigration options where the initial registration remains unselected.
Need assistance?
NNU Immigration are specialist US attorneys, with expertise in the H1B program and applications. For guidance on a specific application, or if you have received an RFE and are unsure about your next steps, book a fixed-fee telephone consultation to speak with one of our specialist advisers.
