U.S. Citizenship and Immigration Services (USCIS) has announced that the initial registration period for the FY 2027 H-1B cap season will open at noon Eastern on March 4, 2026, and will remain open until noon Eastern on March 19, 2026. Employers must submit electronic registrations through a USCIS online account and pay the $215 registration fee per beneficiary. USCIS expects to issue selection notifications by March 31, 2026.
This year, DHS has introduced a new weighted selection system, prioritizing higher-skilled and higher-paid beneficiaries, marking a significant change in how cap-subject registrations may be selected.
Best Practices for Employers
1. Provide Position Details Early
Employers should ensure their attorney receives complete position information as soon as possible, including duties, education, experience, supervisory responsibilities, and special skills (such as licensure or foreign language requirements). This information is critical for determining the correct OEWS wage level, which may affect the multiplier applied under the new weighted registration system.
2. Understand the Limited Scope of the $100,000 Fee
The $100,000 fee applies only in limited circumstances. It applies to H-1B beneficiaries whose H-1B petitions are approved for the first time on or after September 21, 2025 and who are outside of the United States or must depart the United States to obtain an H-1B visa. Canadian nationals would be subject to the fee at the border or port of entry.
For this year’s H-1B registration candidates, the fee applies only if the candidate is selected in the registration process and is outside the United States or will need to leave the United States for visa issuance. The $100,000 fee is not believed to apply to change-of-status petitions (such as F-1 OPT to H-1B) so long as the H-1B holder does not subsequently travel outside of the United States.
3. Consider Requesting an H-1B Fee Exception
Even if the $100,000 fee applies, employers may request an exception by demonstrating the worker’s presence is in the national interest, no U.S. worker is available, and the fee would undermine U.S. interests. USCIS notes approvals will be granted only in extraordinarily rare circumstances, but many employers may still benefit from attempting an exception. The request must be submitted by email to DHS before filing the H-1B petition, and should be made promptly after selection to allow time for adjudication within the 90-day filing window.
Important Note:
The $100,000 fee is currently valid for only one year and is expected to expire on September 21, 2026. It may also face legal challenges and could be enjoined before that date.
For guidance on preparing registrations under the new weighted selection framework, employers are encouraged to consult immigration counsel early in the process.
