Employment & Labor Insider

The U.S. Citizenship and Immigration Services has confirmed that it received enough electronic registrations to meet the numerical H-1B cap for Fiscal Year 2027. This includes the advanced degree exemption (commonly referred to as the “master’s cap”).

The agency has completed the initial selection process and has notified registrants whose beneficiaries were selected in the lottery.

Employers with selected registrations may begin filing H-1B cap-subject petitions now.

H-1B cap selection results

USCIS has selected enough beneficiaries from the electronic registration system to meet the annual statutory caps of

• 65,000 H-1B visas under the regular cap
• 20,000 additional visas reserved for individuals with a U.S. master’s degree or higher

Only employers whose registrations were selected may file H-1B cap-subject petitions. Employers can confirm whether a beneficiary was selected by logging into their USCIS online registration accounts, where the information on registration status will appear.

Selection in the lottery allows the employer to file the H-1B petition, but it does not guarantee approval of the petition.

Filing period for selected registrations

The filing period started April 1 and will run for 90 days. The exact deadline will appear on each petitioner’s selection notice.

Employers whose registrations are selected must still establish full eligibility for H-1B classification by showing that

• The offered position qualifies as a specialty occupation
• The beneficiary meets the educational requirements for the position

The employer must also indicate that it will comply with all Labor Condition Application and wage requirements.

Key updates

Most aspects of the H-1B cap filing process remain unchanged from prior years. However, employers should be aware of several important updates that will apply in the current filing period.

                  New Form I-129

On February 27, the USCIS published a new edition of Form I-129, Petition for a Nonimmigrant Worker, which must be used for all filings beginning April 1, 2026. 

The updated form introduces several new questions in the H-1B and H-1B1 Data Collection and Filing Fee Exemption Supplement related to the offered position and job requirements.

Specifically, Questions 7 through 11 in Section One on page 21 of the supplement now request the following information about the position being offered:

• The level of education required for the position
• The field(s) of study that would qualify someone for the position
• The number of years of experience required to qualify for the role
• Any special skills required for the position
• The number of employees the beneficiary will supervise, if any, and their position titles

In addition, Section 3, Question 2 on page 22 requires the petitioner to indicate the wage level selected on the beneficiary’s H-1B electronic registration form submitted during the FY-2027 H-1B lottery process. 

Taken together, the new questions require petitioners to provide a more detailed description of the minimum requirements of the offered position. USCIS appears to be using this information to evaluate whether the prevailing wage level selected during the H-1B registration process is consistent with the position’s stated requirements, including the level of education, experience, and supervisory responsibility. 

Documentation supporting SOC code and wage level selected during registration

USCIS has also emphasized that the information contained in the H-1B petition must align with the information submitted during the electronic registration process. In particular, employers must ensure that the Standard Occupational Classification code and wage level selected during registration are appropriate for the offered position.

Employers should therefore be prepared to provide the following:

• Documentation showing that the beneficiary’s identifying information matches the registration submission
• Documentation showing that the position information is consistent with what was submitted in the registration
• The beneficiary’s valid passport or travel document used at the time of registration
• Documentation supporting the SOC code and wage level selected during the registration process

Petitioners must be able to demonstrate that the occupational classification and wage level selected during registration were appropriate as of the date that the registration was submitted.

Additional $100,000 fee for certain H-1B petitions

Employers should also be aware of a Presidential Proclamation titled “Restriction on Entry of Certain Nonimmigrant Workers,” which took effect September 21, 2025. (See also our more recent articles on this here and here.)

Under the proclamation, certain H-1B petitions filed on or after that date must include an additional $100,000 payment as a condition of eligibility.

This fee does not apply to all H-1B petitions. However, it may affect certain filings depending on the circumstances of the case, including whether the beneficiary will seek H-1B visa issuance abroad rather than changing status in the United States. Employers should carefully review whether this requirement applies to their cases before filing.

We can help

Our Immigration Practice Group is currently reviewing selection notices and coordinating with employers to begin preparing petitions for filing.

If you received a selection notice and have not yet started preparing your H-1B petition, please contact our attorneys as soon as possible so that we can ensure the petition is properly completed and timely filed.