The H-1B Cap, Explained

What Is the H-1B Cap?

The H-1B visa lets U.S. employers hire foreign workers in specialty occupations. Because demand for these visas often exceeds the annual cap, U.S. Citizenship and Immigration Services (USCIS) uses a selection process to decide which registrations can move forward. For FY 2027, that process is no longer a purely random lottery. Instead, USCIS uses a weighted selection system based on prevailing wage levels, which gives higher-paid positions more entries in the selection process.

This guide explains how the H-1B cap process works, what changed for FY 2027, and what employers and workers can do if a registration is not selected.

Need expert guidance through the H-1B process? Boundless is here to help. Learn more about our corporate immigration services.

Key Takeaways for FY 2027

Recent policy changes will affect how the H-1B cap works. Here’s what employers and applicants should know for the FY 2027 cap season:

Electronic Registration Remains Required

Employers must submit H-1B cap registrations through the USCIS online system. For FY 2027, the initial registration period will run from March 4 to March 19, 2026. Employers are required to register each beneficiary and pay the $215 registration fee.

Beneficiary-Centric Selection Continues

‍USCIS continues to use a beneficiary-centric lottery system. Each unique beneficiary is entered into the selection process only once, even if multiple employers submit registrations for that person.

Wage-Weighted Selection Is Now in Effect

‍The U.S. Department of Homeland Security (DHS) finalized a rule introducing a weighted selection system tied to prevailing wage levels. The rule took effect in February 2026 and applies to the FY 2027 cap season.

Under this system, registrations receive entries based on the U.S. Department of Labor (DOL) prevailing wage level listed in the petition:

• Level 4 wage: four entries
• Level 3 wage: three entries
• Level 2 wage: two entries
• Level 1 wage: one entry

Higher wage levels therefore have a greater chance of being selected.

A New $100,000 Fee May Apply to Some Petitions

‍A presidential proclamation issued in September 2025 introduced an additional $100,000 payment for H-1B applications where the applicant is outside of the country. Extensions, amendments, and cap-exempt petitions are not affected.

Multiple Selection Rounds Are Still Possible

If USCIS does not receive enough approved petitions after the first round to meet the annual cap, the agency may conduct additional selection rounds using remaining registrations.

Organizational Accounts Are Required for Employers

Employers must use organizational accounts in the USCIS online system. These accounts allow employers and attorneys to collaborate on registrations and petitions within the same platform.

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Understanding The H-1B Visa Cap

The H-1B visa cap is set at 65,000 per fiscal year, with an additional 20,000 visas for those with advanced U.S. degrees. International employees in specialty occupations typically need to register with USCIS and be selected in the lottery before applying for an H-1B visa. However, certain employers, such as universities and research institutions, are exempt from the cap.

Maximize your chances in the H-1B lottery with Boundless’ strategic support. Schedule a demo today!

H-1B Cap Timeline for FY 2027

Here’s a high-level look at the FY 2027 H-1B cap timeline:

Electronic registration: March 4 to March 19, 2026
Selection notifications: By March 31, 2026
Petition filing window: April 1 to June 30, 2026
Earliest start date for approved cap-subject petitions: October 1, 2026

H-1B Cap Season Dates for FY 2027

The FY 2027 H-1B cap season follows the same general timeline used in recent years. Key dates include:

Registration Period: March 4 – March 19, 2026
Employers have to submit electronic registrations through the USCIS online system during this window and pay the $215 registration fee for each beneficiary.

Initial Selection Announcement: Late March 2026
USCIS will begin notifying selected registrants by March 31, 2026.

Petition Filing Period: April 1 – June 30, 2026
Employers whose registrations were selected can file a full H-1B petition with USCIS during this 90-day filing window.

How to Register for the H-1B Cap

The sponsoring employer (or their representative) needs to create an online organizational account with USCIS to register each beneficiary. During registration, essential information about both the employer and beneficiary, plus a $215 fee per registration, are required. The registration period is short, so timely action is crucial.

USCIS provides detailed instructions on navigating the electronic registration process, including an instructional video and frequently asked questions here.

H-1B Cap Selection Process

Once the registration window closes, the H-1B selection process generally works as follows:

Weighted Selection:
If registrations exceed the annual cap, USCIS conducts a selection process using a weighted system tied to prevailing wage levels. Registrations associated with higher wage levels receive more entries in the selection process, increasing their chances of being selected.

Selection Notifications:
USCIS notifies selected registrants through their online accounts. Registrations that are not selected may remain in the pool if additional selection rounds are needed.

Petition Preparation and Submission:
Employers whose registrations are selected must submit Form I-129 (Petition for a Nonimmigrant Worker) along with supporting documentation.

Petition Filing Timeline:
The H-1B filing period typically begins on April 1. Employers generally have 90 days from the selection notice to file the full petition.

Employers can track a beneficiary’s status in their USCIS online account. The system may display one of the following statuses:

• Submitted: The registration was successfully submitted and remains eligible for selection.
• Selected: The registration was chosen, and the employer may file an H-1B petition.
• Not Selected: The registration was not chosen in the selection process.
• Denied: USCIS invalidated the registration, typically because the same employer submitted multiple registrations for the same beneficiary.
• Invalidated – Failed Payment: The registration was submitted but the payment did not go through.

Alternative Options if Not Selected in the H-1B Lottery

If a registration is not selected, other visa options may still be available. Boundless has created a detailed guide to help employers and applicants explore alternative visa pathways if they are not selected in the H-1B lottery.

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