The H-1B cap season is the annual cycle during which employers register, enter the lottery, and file petitions for new H-1B specialty occupation workers. For FY 2027 (employment starting October 1, 2026), this cycle brings two historic changes: a wage-weighted lottery that replaces random selection and a $100,000 Presidential Proclamation fee for most consular-processed petitions. These shifts, combined with increased filing fees and stricter adjudication under the H-1B Modernization Rule, require earlier preparation and more deliberate strategy from employers than any prior cap season. This guide covers every date, fee, policy change, and action step employers need from registration through employment start.
The full H-1B cap cycle spans roughly 10 months from pre-registration preparation through the October 1 employment start date. Each phase involves specific employer responsibilities, hard deadlines, and strategic decisions. The complete timeline from initial preparation to the employee's first day of H-1B work typically spans 7 to 10 months, depending on whether the employer elects premium or regular processing, change of status or consular processing, and whether USCIS issues an RFE.
Before the registration window opens, employers typically complete several foundational tasks. This phase generally requires 4 to 8 weeks and can significantly affect whether the registration and eventual petition succeed.
Key preparation steps before registration:
While the LCA cannot be filed more than 6 months before the employment start date (earliest around April 1 for an October 1 start), employers can begin LCA groundwork during this phase by preparing the job description, confirming the worksite address, researching prevailing wages, and drafting the internal posting notice.
Common pre-registration delays:
The FY 2027 H-1B registration period was open March 4, 2026 at noon ET and closes March 19, 2026 at noon ET. There is no advantage to registering earlier within this window. Each registration costs $215 per beneficiary and is non-refundable regardless of selection outcome.
At registration, employers provide the beneficiary's basic biographical information, passport details, highest level of education, and (new for FY 2027) the SOC code, area of intended employment, and the highest OEWS wage level the proffered wage meets or exceeds. USCIS verifies this information at the petition stage.
How the new wage-weighted selection works:
The weighted selection final rule, effective February 27, 2026, assigns weighted entries based on the DOL prevailing wage level:
Registration strategy matters. Accurate SOC codes in O*NET Job Zone 4 or higher, proffered wages meeting Level II or above for the geographic area, and a single registration per beneficiary (to avoid the lowest-level assignment rule) strengthen selection odds. By contrast, vague SOC codes that invite specialty occupation challenges, Level I wages for positions described as requiring significant experience, and multiple registrations from staffing partners at different wage levels (triggering the lowest-level rule) weaken the registration's position.
The beneficiary-centric selection system, first implemented in FY 2025, continues. Each unique beneficiary counts once toward the cap regardless of how many employers register them. This reduced duplicate registrations dramatically: registrations per beneficiary fell from 1.70 in FY 2024 to approximately 1.06 in FY 2025 and approximately 1.01 in FY 2026. The selection rate for unique beneficiaries improved from approximately 29% in FY 2025 to roughly 35% in FY 2026.
USCIS conducts the lottery after the registration window closes and notifies selected registrants through their online accounts. For FY 2026, results were posted by late March. Selected registrants have at least 90 days (April 1 through June 30, 2026) to file the complete H-1B petition. The total annual cap remains 85,000: 65,000 regular cap plus 20,000 reserved for beneficiaries with U.S. master's degrees or higher (the advanced degree exemption).
Once selected in the lottery, employers face a compressed but well-defined window to prepare and file the complete petition. This phase is where most delays and errors occur. Filing a thorough, well-organized petition on the first attempt is the single most effective way to reduce the total timeline.
The certified LCA from DOL is a mandatory prerequisite. USCIS rejects any I-129 petition filed without one. The LCA process involves:
The total LCA process, from initial preparation through certification, generally takes approximately 3 to 4 weeks. For October 1, 2026 start dates, the earliest an LCA can be filed is around April 1 (LCAs cannot be filed more than 6 months before the employment start date).
The Form I-129 package for FY 2027 uses the 02/27/26 edition (mandatory from April 1, 2026). The petition includes:
Alma's H-1B platform pairs experienced immigration attorneys with technology that automates document organization, form population, and deadline tracking. After lottery selection, the dedicated attorney prepares the complete I-129 package, including the LCA filing, employer support letter with specialty occupation analysis, and all supporting evidence. Alma's platform flags inconsistencies between registration data and petition details before filing, reducing RFE risk. Employers get real-time visibility into case progress through the Alma portal, direct attorney communication, and proactive status updates through approval.
This is the most consequential strategic decision for FY 2027 due to the $100,000 proclamation fee:
The complete petition is filed between April 1 and June 30, 2026. Filing earlier in the window does not affect processing priority, but it does provide more time to address any issues. After filing, USCIS issues a receipt notice generally within 30 days containing the 13-character case number (e.g., EAC, WAC, LIN, SRC prefix depending on the service center).
After filing, the petition enters the USCIS review queue. Processing speed depends on whether the employer elected premium processing.
Regular processing typically takes 2 to 8 months. Current estimates are available through the USCIS Processing Times tool. Regular processing timelines can be highly variable, and cases can extend well beyond posted times. An RFE adds weeks or months to the timeline. Employers typically have 87 days to respond to an RFE, and USCIS takes additional time to adjudicate after receiving the response.
Premium processing guarantees a 15-business-day response (approval, denial, RFE, or notice of investigation) for $2,965 (increased from $2,805 effective March 1, 2026). If USCIS issues an RFE, a new 15-business-day period begins when USCIS receives the RFE response. Given rising RFE rates and the importance of timing for COS petitions (where the beneficiary's status may depend on timely approval), premium processing is increasingly common for cap petitions.
Common reasons for delays at this stage:
These timelines apply only to Form I-129 adjudication. If the beneficiary requested change of status, the COS becomes effective on October 1, 2026 upon approval. If the case is consular-processed, embassy interview scheduling and visa stamping add additional time after petition approval.
H-1B filing costs have increased substantially over the past two years. Below is the full fee structure for an initial cap-subject petition filed in the FY 2027 cycle.
Government filing fees by employer size:
Additional fees that may apply:
Presidential Proclamation No. 10973 (September 19, 2025) imposes a $100,000 supplemental fee on H-1B petitions when the beneficiary is outside the United States and does not hold a valid, unexpired H-1B visa, or when the petition requests consular notification, port-of-entry notification, or pre-flight inspection. The fee is paid through pay.gov before filing, with proof of payment included in the petition package.
When the $100,000 fee applies:
When the $100,000 fee does not apply:
This fee has been challenged in multiple federal lawsuits, including actions from the U.S. Chamber of Commerce and major university associations. A D.C. federal court upheld the fee in December 2025 (Chamber of Commerce v. DHS, Case No. 1:25-cv-03675), but the case is currently on appeal to the D.C. Circuit, and other cases remain active. The fee remains in effect during the pendency of these legal challenges.
The $100,000 fee creates a significant cost difference between sponsoring H-1B candidates who are already in the U.S. and eligible for change of status versus candidates requiring consular processing. F-1 OPT/STEM OPT holders, current L-1 or O-1 visa holders, and other valid nonimmigrants who can file COS avoid this fee entirely, while consular-processed candidates trigger the full amount.
Premium processing for H-1B petitions guarantees a response within 15 business days for $2,965 (as of March 1, 2026). If USCIS issues an RFE, the 15-business-day clock pauses and restarts when the agency receives the response. If USCIS fails to adjudicate within the regulatory timeframe, the fee is refunded (though the petition remains pending).
Certain organizations can file H-1B petitions year-round without entering the lottery or being subject to the 85,000 annual cap. Cap-exempt employers include:
A for-profit employer's petition can also qualify as cap-exempt if the beneficiary will spend at least 50% of their work time performing duties at a qualifying cap-exempt entity's location. Under the Modernization Rule, this includes on-site, telework, and remote work performed for the cap-exempt entity.
Cap-exempt organizations are still subject to the $100,000 proclamation fee for consular-processed petitions. However, they are not subject to the registration lottery, seasonal filing windows, or cap-related deadlines. Employees can also hold concurrent H-1B employment with one cap-exempt and one cap-subject employer simultaneously.
For employers without cap-exempt status whose candidates are not selected in the lottery, alternative visa categories include O-1 extraordinary ability visas, EB-2 National Interest Waiver green card petitions, or L-1 intracompany transfer visas for multinational companies.
For approved COS petitions, the beneficiary's H-1B status takes effect on October 1, 2026. Between the petition approval and October 1, the beneficiary continues in their current nonimmigrant status. Key considerations:
F-1 students whose OPT or STEM OPT expires before October 1 benefit from automatic cap-gap extensions when they are the beneficiary of a timely filed H-1B cap petition requesting COS. Under the H-1B Modernization Rule, the cap-gap period now extends through April 1 of the following fiscal year (previously September 30), providing additional protection if the petition faces delays.
Cap-gap extensions cover both status and employment authorization. The student's F-1 status and OPT work permission automatically extend until the H-1B petition is either approved (with COS effective October 1), denied, or withdrawn.
For petitions approved with consular notification, the beneficiary schedules a visa interview at the designated U.S. embassy or consulate. Wait times vary significantly by location and change frequently; the U.S. Department of State publishes current global wait times on its website. Beneficiaries in STEM fields may face additional administrative processing (Technology Alert List screening) adding several weeks. Employers factor consular timing into start-date planning accordingly.
RFE rates have risen in recent fiscal years. The USCIS FY 2023 Congressional Report on H-1B Specialty Occupation Workers reported an overall RFE rate of approximately 10% across all petition types, with initial employment petitions facing a higher rate of approximately 17%. Post-RFE approval rates have historically ranged from approximately 80% to 85% in recent fiscal years, based on available USCIS data analyses. The most common triggers include:
Approaches that may reduce RFE risk:
The H-1B Modernization Rule (effective January 17, 2025) codified USCIS authority to conduct unannounced site visits at any point after petition filing, including years after approval. Through the Administrative Site Visit and Verification Program, FDNS officers may visit the employer's office, third-party client sites, and even a remote worker's home. Non-cooperation can result in denial or revocation of the H-1B petition.
What is typically expected during a site visit:
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The FY 2027 H-1B cap registration period opens March 4, 2026 at noon ET and closes March 19, 2026 at noon ET. Each registration costs $215 per beneficiary, submitted through a USCIS organizational account. There is no advantage to registering earlier versus later within the window. Lottery results are expected by the end of March. Selected registrants have from April 1 through at least June 30, 2026 to file the complete H-1B petition.
Starting with FY 2027, USCIS assigns weighted entries based on the DOL prevailing wage level for each registration: Level IV receives 4 entries, Level III gets 3, Level II gets 2, and Level I gets 1. This means a Level IV registration is roughly 4 times more likely to be selected than a Level I registration, all else being equal. At registration, employers provide the SOC code, area of intended employment, and highest OEWS wage level the proffered salary meets or exceeds. USCIS verifies these details at the petition stage, so accuracy is essential. If multiple employers register the same beneficiary at different wage levels, USCIS assigns the lowest level among all registrations.
The $100,000 fee applies to H-1B petitions where the beneficiary is outside the U.S. and does not hold a currently valid H-1B visa, or where the petition requests consular notification, port-of-entry notification, or pre-flight inspection. It does not apply to change-of-status petitions for beneficiaries physically in the U.S. in valid nonimmigrant status, provided the COS is ultimately granted. F-1 students on OPT/STEM OPT, current H-1B holders transferring employers, and other U.S.-based nonimmigrants who file for COS can avoid the fee through the general COS exemption, which depends on maintaining valid status and USCIS approving the change. The fee is paid through pay.gov before petition filing. Multiple legal challenges are pending; a D.C. federal court upheld the fee in December 2025, and the case is on appeal.
When USCIS issues a Request for Evidence, the processing clock pauses. The response deadline is typically 87 days (check the specific RFE for the exact deadline). If premium processing was elected, a new 15-business-day clock begins when USCIS receives the response. Every point raised in the RFE needs to be addressed with new substantive evidence (not just restatements of the original filing), and strict consistency with the registration and LCA details is important. Post-RFE approval rates have historically ranged from approximately 80% to 85%, making the quality of the response significant. Working with experienced immigration counsel for RFE responses can improve outcomes.
Several options exist for candidates not selected. O-1 extraordinary ability visas are available for individuals with demonstrated exceptional achievement in their field and do not require lottery participation. EB-2 National Interest Waiver green card petitions allow self-sponsorship for advanced degree professionals whose work benefits the U.S. For multinational companies, L-1 intracompany transfer visas enable transferring managers, executives, or specialized knowledge employees from foreign offices. Cap-exempt employers (universities, nonprofit research organizations) can file H-1B petitions at any time without lottery participation. The candidate can also re-enter the lottery in the next fiscal year's cap season.
