U.S. Citizenship and Immigration Services (USCIS) has completed the H-1B cap lottery selections for Fiscal Year (FY) 2027, notifying all registrants of the outcome. This year's selection process marks a significant change, as it is the first to utilize a wage-based system, prioritizing registrations based on the highest OES (Occupational Employment Statistics) wage level associated with the proffered position. The agency officially announced the completion of the random selection process and the opening of the petition filing period for selected individuals.

The H-1B visa program permits U.S. employers to temporarily employ foreign workers in specialty occupations. These occupations generally require a bachelor's degree or higher in a specific field. The program is subject to an annual statutory cap of 65,000 visas, with an additional 20,000 visas reserved for those holding a U.S. master's degree or higher, totaling 85,000 available visas each fiscal year. Due to demand consistently exceeding the available visas, USCIS employs an electronic registration system followed by a lottery to determine which registrants can file a petition.

The implementation of the wage-based selection system represents a departure from the previous lottery method, which prioritized advanced degree holders and then conducted a general lottery for all remaining eligible registrations. Under the new approach, USCIS first ranks all eligible registrations by the highest OES wage level within each cap category (regular cap and master's cap). Selections are then made starting with Wage Level 4, followed by Wage Level 3, Wage Level 2, and Wage Level 1, until the numerical cap is met. This modification aims to align H-1B selections more closely with higher-paying jobs, intending to attract and retain top talent in critical sectors while addressing concerns about potential wage depression.

Key details of the FY 2027 H-1B cap process include:

  • Registration Period: The initial electronic registration period ran from March 6, 2024, to March 22, 2024.
  • Notification: All registrants, both selected and not selected, received notifications via their USCIS online accounts.
  • Petition Filing: Selected registrants and their petitioning employers are now eligible to file their H-1B cap-subject petitions. The earliest date a petition can be filed is April 1, 2024.
  • Filing Deadline: USCIS stipulates a specific filing window for selected petitions. Employers must ensure their I-129 petitions for nonimmigrant workers are filed correctly and within the designated period, typically 90 days from the selection notification.

The shift to a wage-based selection system is expected to influence the applicant pool and the types of positions securing H-1B visas. Companies offering positions at higher wage levels, often associated with more senior roles or highly specialized skills, may see an increased success rate in the lottery. Conversely, positions at lower wage levels could face more competitive odds. This change has been a topic of discussion among employers, immigration attorneys, and advocacy groups regarding its potential impact on diverse industries, particularly those reliant on entry-level foreign talent.

Looking ahead, selected registrants and their sponsoring employers must now meticulously prepare and submit their Form I-129 petitions, along with all required supporting documentation, to USCIS within the specified timeframe. Failure to file a complete and accurate petition by the deadline will result in denial. USCIS will then adjudicate these petitions, and if approved, the foreign worker can begin employment in H-1B status on or after October 1, 2026, the start of Fiscal Year 2027. The H-1B program remains a focal point in broader U.S. immigration policy discussions, with ongoing evaluations of its structure and criteria.