January 30, 2026
H-1B Cap Lottery Season is Underway
This message is meant only for those clients who are considering submitting a registration in this year’s H-1B Cap Lottery. If that does not apply to you, you may ignore this message.
USCIS confirmed today, January 30, 2026, that the registration period for the fiscal year 2027 H-1B cap will open at noon Eastern on March 4, 2026, and will run through noon Eastern March 19, 2026. Only registrations submitted during this period will be entered into the cap-subject lottery. USCIS will conduct a random selection process and will notify selected registrants by March 31, 2026. Those registrants who are selected will then have the opportunity to submit an H-1B petition to USCIS for adjudication, during a 90-day window that will open on April 1, 2026.
You have likely heard that the registration process will be different this year, and that each registrant may have up to four opportunities for selection in each cap (“regular” and “master’s” cap), based on wage levels. Please read more about that in our recent blog post: https://breljelaw.com/2025/12/31/new-h-1b-lottery-r. We will work with each of our clients to determine the wage level that provides the best possible chance at selection, while maintaining your company’s compliance with the Department of Labor wage and hour rules.
We encourage our clients to notify us as soon as possible if there is a candidate your company would like to register for the H-1B cap lottery. If we have spoken about your candidate previously and confirmed they are already on our list, our office will be in contact soon to provide an invoice for the case. Our firm will charge for H-1B cap cases in two “phases.” During Phase 1, prior to the registration window, we will gather and review the employee candidate’s credentials as well as the offered position information, to ensure that they will both meet the minimum requirements for the H-1B category. We will provide a summary to the employer, outlining our review, the likely job code, and required wage level. Our firm will also provide instructions to create or verify an employer account through the myUSCIS.gov website, and we will then be responsible for the registration process itself, in coordination with a designated account user from your organization. Our fixed fee for the work in Phase 1 will be $1000 and the USCIS registration fee is $215 (total $1,215.00). The earlier we know you wish to register a candidate, the sooner we can evaluate your request and ensure the registration is properly submitted.
If a registration is selected in the lottery, then during Phase 2, we will prepare the Labor Condition Application (LCA) and H-1B petition to file with USCIS during the 90-day eligibility window. Our fixed fee for the work to prepare and file the H-1B petition will be $3300. If the petition receives a “request for evidence” (RFE) from USCIS, we will charge an additional fee to prepare the response. The RFE response fee will be set based on the complexity of the request. Finally, please note that registrants who require “Cap Gap” work authorization to cover the period from the date their OPT EAD expires until H-1B work starts on October 1, 2026, will require an extra $500 “rush” fee to cover the accelerated preparation of the filing.
If you have any employees or candidates that you would like to register for the H-1B Cap Lottery, please let us know as soon as possible, and no later than March 6, 2026. You can reach us by emailing breljeinfo@breljelaw.com. We look forward to assisting you and we wish your registrations the best of luck!
FY 2027 H-1B Lottery: Key Dates & Major Changes Employers Need to Know
USCIS has announced important details for the FY 2027 H-1B cap registration season, including a new weighted selection process and a potential $100,000 additional fee for certain employers.
🔹 Registration Window
• Opens March 4, 2026 (12:00 pm ET)
• Closes March 19, 2026 (12:00 pm ET)
• Electronic registration required via a USCIS organizational account
• $215 registration fee per beneficiary
🔹 Selection Notifications
• USCIS expects to issue selections by March 31, 2026 via online accounts
• Only selected registrations may proceed to H-1B cap-subject filings
🔹 New for FY 2027: Weighted Selection Process
• USCIS will prioritize higher-skilled, higher-paid beneficiaries if registrations exceed the cap
• Selection is based on unique beneficiaries, not number of registrations filed
🔹 Potential $100,000 Additional Fee
• A September 2025 Presidential Proclamation may require certain petitioners to pay an additional $100,000 fee as a condition of filing after selection
• The proclamation does not affect registration, but may impact eligibility to file
🔹 Action Items for Employers
• Confirm your USCIS organizational account is set up in advance
• Begin identifying and prioritizing H-1B candidates now
• Review compensation structures and compliance strategy under the new selection framework
The FY 2027 H-1B season represents a significant shift in how selections are made. Early planning will be critical.
Please reach out to us if you have any candidates you wish to register in this year’s lottery.