U.S. Citizenship and Immigration Services (USCIS) has formally announced the timeline for the fiscal year (FY) 2027 H-1B cap season, ushering in the most significant structural changes to the program in decades. Prospective petitioners must prepare for a landscape defined by strict electronic registration windows, a new wage-based selection methodology, and substantial financial barriers for certain beneficiaries.
The Registration Window and Logistics
The initial registration period will open at noon Eastern on March 4, 2026, and close at noon Eastern on March 19, 2026. During this window, prospective petitioners and their legal representatives must utilize a USCIS online organizational account to register each beneficiary electronically.
It is imperative that employers finalize their account structures early. If a petitioning employer does not possess an account, they must create an “organizational account” to participate. While representatives may add clients to their accounts at any time, beneficiary information cannot be entered until the period opens on March 4.
For FY 2027, the registration fee is $215 per beneficiary. Selections will occur only after the registration window closes, with notifications intended to be sent by March 31, 2026.
The Shift to Weighted Selection
In a departure from the traditional random lottery, the Department of Homeland Security (DHS) has published a final rule implementing a weighted selection process, effective February 27, 2026. This system prioritizes beneficiaries based on the Department of Labor’s Occupational Employment and Wage Statistics (OEWS) wage levels.
Under this framework, registrations are assigned multiple entries into the selection pool based on the offered wage level:
- Level IV: 4 entries
- Level III: 3 entries
- Level II: 2 entries
- Level I: 1 entry
This structure significantly increases selection odds for higher-paid, higher-skilled positions while reducing probabilities for entry-level roles. If a beneficiary has registrations from multiple employers or locations, USCIS will assign the lowest applicable wage level for weighting purposes to prevent gaming the system.
The $100,000 Proclamation Fee
While the electronic registration process itself is unaffected, employers must be aware of the Presidential Proclamation issued on September 19, 2025, titled Restriction on Entry of Certain Nonimmigrant Workers. If selected, petitioners filing for beneficiaries who are outside the United States or otherwise subject to the proclamation must pay a $100,000 supplemental fee as a condition of eligibility for the H-1B petition.
Recent litigation has upheld this fee. On December 23, 2025, the U.S. District Court for the District of Columbia ruled that the fee falls within the President’s broad statutory authority under the Immigration and Nationality Act. Although an appeal is fast-tracked in the D.C. Circuit, employers should proceed with the assumption that the fee will remain in effect for the upcoming filing period.
Conclusion
The FY 2027 cap season represents a paradigm shift toward a “merit-plus-capital” model. Employers must ensure compliance with the new organizational account protocols, accurately classify wage levels to navigate the weighted lottery, and budget for the substantial costs associated with the new proclamation fee.
