On March 31, 2026, U.S. Citizenship and Immigration Services (USCIS) announced that it had completed its initial round of selections for Fiscal Year (FY) 2027. This marks the first cap season in which USCIS applied its new weighted selection process which favors the allocation of H-1B visas to higher-paid individuals. Whether a registration was selected or not, there are important steps for employers and prospective H-1B beneficiaries to consider in the weeks ahead.

For those selected in the H‑1B lottery

If a registration was selected, the employer is eligible to file an H‑1B cap-subject petition on the individual’s behalf.

Key next steps include:

  • Labor Condition Application (LCA). Before filing the H‑1B petition, the employer must obtain a certified LCA from the U.S. Department of Labor confirming wage and working condition compliance.
  • Preparing and filing the H‑1B petition. USCIS allows a limited filing window (generally 90 days, April 1 – June 30) following selection. Missing the June 30, 2026 filing deadline results in loss of the selection. Petitions must be filed using the new version of the Form I-129, which now requires expanded information regarding the position, including the minimum educational, experience, and skills requirements and the level of supervision involved.
  • Planning for start dates and travel. Approved H‑1Bs under the cap typically become valid on Oct. 1. Travel and work authorization planning is essential, especially for individuals abroad or those in F‑1 Optional Practical Training (OPT) status. In some cases, cap-gap coverage (where Department of Homeland Security “cap-gap” extension may automatically extend F-1 status based on a timely filed cap-subject H-1B change of status petition) or travel restrictions may apply.

For those not selected

Depending on the individual’s background and the employer’s needs, alternatives may be available.

Common options to explore include:

Cap‑exempt H‑1B employment. Some employers, such as universities, nonprofit research organizations and affiliated entities can sponsor H‑1B workers outside the lottery.

Other nonimmigrant visa categories. Depending on the circumstances, alternatives may include:

  • J-1 (exchange visitors)
  • L‑1 (intracompany transferees)
  • O‑1 (individuals with extraordinary ability or achievement)
  • E‑2 or E‑1 (treaty investors and traders, where eligible)
  • TN (for qualifying Canadian and Mexican professionals)

F‑1 OPT and STEM OPT extensions. Individuals in F‑1 status may be able to extend work authorization through OPT or a STEM OPT extension, providing additional time to pursue future H‑1B opportunities.

Permanent residence strategies. For some employers and employees, initiating a green card process (such as PERM labor certification or a self‑sponsored petition) may be appropriate as part of a longer‑term plan.

Will there be a second H‑1B lottery?

In recent years, USCIS has conducted additional selection rounds when it was determined that the initial group of selected registrants would not reach the annual H-1B numerical allocations. USCIS conducted a second lottery for FYs 2024 and 2025 but did not conduct a second lottery for FY 2026. While it is possible that a second lottery could occur for FY 2027 – particularly in light of recent developments such as the $100,000 fee required for certain beneficiaries and the USCIS adjudicative hold affecting nationals of certain countries, which may deter some employers from moving forward – there is no guarantee that an additional selection will be held.

USCIS adjudicative hold and its effects on H-1B petitions

For affected beneficiaries, the USCIS adjudicative hold may also delay final adjudication of timely filed H‑1B petitions, which may impact work authorization and start-date planning. In some cases, employers and foreign nationals may consider federal court litigation (such as a mandamus or APA action) to challenge unreasonable delays, depending on the facts.

Planning ahead is essential

The H‑1B lottery underscores a broader reality of U.S. immigration: demand often exceeds supply, and results are unpredictable. Employers and foreign nationals benefit most from early planning, long‑term strategy and a willingness to consider alternative pathways. A careful review of immigration options tailored to business needs, individual qualifications and timing constraints can help reduce disruption and preserve work authorization and operational continuity. For more information or if you have any questions, please contact your Porter Wright immigration attorney.

FY 2027 H-1B cap season: Key dates at a glance

  • Weighted selection rule effective: Feb. 27, 2026
  • New Form I-129 published: Feb. 27, 2026
  • H-1B electronic registration period: March 4 through March 19, 2026
  • Initial lottery selections completed: March 31, 2026
  • Start of required use of new Form I-129: April 1, 2026
  • Form I-129 filing window after initial lottery selection: April 1 through June 30, 2026 (a 90-day filing period following selection)
  • Earliest possible H-1B employment start date: Oct. 1, 2026