For fiscal year 2027, the H-1B cap filing window is more competitive than ever. Businesses seeking to sponsor foreign talent must begin preparations early, as the initial electronic registration period opened at noon Eastern on March 4, 2026 and closes at noon Eastern on March 19, 2026 (USCIS).
How the lottery works now. For FY 2027, USCIS uses a wage-level weighted selection process for cap-subject H-1B registrations. Registrations are still submitted through the electronic registration system and USCIS continues to apply a beneficiary-centric approach (each unique beneficiary is considered once in the process even if multiple employers submit registrations for the same person). However, instead of a purely random selection, USCIS assigns a weight to each registration based on the offered wage level (typically tied to the Department of Labor’s prevailing wage/OEWS wage levels Level I–Level IV). In practice, the wage level is generally determined using the role’s Labor Condition Application prevailing wage for the job duties, minimum requirements, and worksite location. In general, registrations at higher wage levels receive a greater statistical chance of selection than registrations at lower wage levels, while all wage levels remain eligible for selection.
$100,000 fee: who can file without it. USCIS has published guidance on a new $100,000 payment tied to certain H-1B petitions. Based on USCIS’s H-1B FAQ, the payment is required for new H-1B petitions filed on or after September 21, 2025, unless an exception applies. One such exception is a change of status application to H-1B. This payment is separate from the H-1B cap registration process. (Cap-exempt employers may be able to file year-round without going through the cap lottery, but they should still confirm whether the $100,000 payment applies to their specific filing type and beneficiary circumstances.)
Once selected, it’s vital to gather supporting documentation—such as educational credentials, detailed position information, and evidence that the role qualifies as a specialty occupation. Compliance with Department of Labor and USCIS requirements remains essential to avoid delays or denials, including prevailing wage/LCA steps and maintaining proper public access files. With increased scrutiny, proactive planning (and experienced immigration counsel) can help ensure filings are complete, compliant, and submitted within the designated filing window. At Brodzki Jacobs, we have been assisting H-1B clients for over 3 decades.
