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USCIS completes FY 2027 H-1B cap selection, announces filing timeline and new requirements

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Highlights:

  • USCIS confirms completion of FY 2027 H-1B cap selection process
  • Total H-1B cap remains 85,000, including advanced degree exemption
  • Filing for selected H-1B beneficiaries opens April 1, 2026
  • H-1B petitions must be submitted within a minimum 90-day window
  • New wage-based H-1B selection model prioritizes higher-paid roles

The US Citizenship and Immigration Services (USCIS) has confirmed that it has completed the H-1B cap selection process for fiscal year 2027, reaching the congressionally mandated limit of 85,000 beneficiaries. The announcement covers both the regular H-1B cap and the advanced-degree exemption lottery, marking the end of the selection phase for this cycle.

H-1B Cap FY 2027: Selection Process Completed

According to the agency, all prospective petitioners with selected H-1B beneficiaries have now been notified and are eligible to proceed with filing H-1B cap-subject petitions. This development is a key step in the annual H-1B process, which determines which applicants can move forward toward employment authorization in the United States.

The H-1B visa program remains a primary pathway used by US companies, particularly in the technology sector, to employ foreign professionals. Indian nationals continue to represent one of the largest groups of H-1B visa holders, especially in fields such as information technology and healthcare.

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H-1B Filing Window Opens April 1, 2026

USCIS stated, “H-1B cap-subject petitions for FY 2027, including those petitions eligible for the advanced degree exemption, may be filed with USCIS beginning April 1, 2026, if filed for a selected beneficiary and based on a valid registration.”

The agency clarified that the filing period for H-1B cap-subject petitions will remain open for at least 90 days. Petitioners are required to include a copy of the official selection notice when submitting their H-1B petition to ensure proper processing.

H-1B Documentation and Form Requirements

USCIS also confirmed that it will accept the latest version of Form I-129, which was published on February 27 this year. This form is mandatory for employers filing H-1B petitions on behalf of selected candidates.

In addition, the agency emphasized strict documentation requirements for H-1B submissions. Each petition must include the same identifying and job-related information as provided during the initial registration stage. Petitioners must also submit proof of the beneficiary’s valid passport or travel document used at the time of registration.

Further, USCIS has asked employers to provide evidence supporting the wage level selected in the registration. This requirement reflects increased scrutiny in ensuring that the offered salary aligns with the job role and labor market standards.

H-1B Policy Changes: Wage-Based Selection Model

A significant shift in the H-1B program is the move toward a wage-based selection model. Under this approach, applicants with higher salary levels and specialized skills are expected to receive priority during the selection process.

The change is intended to better align the H-1B program with US labor market needs and address concerns about misuse. By prioritizing higher-paying roles, the system aims to favor highly skilled professionals and reduce the volume of lower-wage applications.

H-1B Fee Structure and Overseas Hiring Impact

Another notable change affecting the H-1B program is the introduction of a substantial fee component in certain cases. A charge of USD 100,000 may apply when employers sponsor workers from outside the United States under specific conditions.

This measure is designed to discourage excessive reliance on overseas hiring and encourage employers to prioritize domestic recruitment where possible. The policy reflects broader efforts to balance workforce needs with local employment considerations.

H-1B Cap Structure and Advanced Degree Exemption

The current H-1B cap structure remains unchanged. The US Congress has set an annual limit of 65,000 visas under the regular H-1B category. In addition, 20,000 visas are reserved for applicants who hold a master’s degree or higher from a US institution of higher education.

These advanced-degree exemptions provide an additional pathway for highly educated candidates to secure H-1B status beyond the standard cap.

H-1B Compliance and Petition Accuracy

USCIS reiterated that all H-1B cap petitions must strictly match the details submitted during the registration process. Any discrepancies in identifying information or job details may lead to delays or rejection.

The agency also stressed the importance of submitting complete and accurate supporting evidence, including documentation of the beneficiary’s identity and wage level justification.

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