FY 2027 H-1B Cap Selection Complete: $100K Fee Alert & April 2026 Filing Opens

On March 31, 2026, USCIS announced the completion of the H-1B cap selection process for Fiscal Year 2027, confirming that enough beneficiaries have been chosen from properly submitted electronic registrations to satisfy both the regular cap and the U.S. advanced degree exemption. Non-selected registrants have received notifications through their myUSCIS online accounts, with their status displaying as "Not Selected: Not eligible to file an H-1B cap-subject petition based on this registration." Beginning April 1, 2026, only petitioners with selected registrations may submit H-1B cap-subject petitions, either online or by paper mail. All FY 2027 cap-subject petitions must use the 02/27/26 edition of Form I-129, and petitioners must include a copy of their registration selection notice with the filing. Paper filers should verify they are submitting to the correct USCIS service center as indicated on their selection notice. A significant financial development affects overseas H-1B lottery winners: U.S. employers must now pay a $100,000 fee to file new H-1B petitions for workers currently abroad, pursuant to a presidential proclamation issued by President Trump in September. This fee generally applies when the petition is filed for consular processing only, or when the beneficiary is outside the United States or is ineligible for a change of status. For EB-3 applicants and employment-based green card seekers, the H-1B selection outcome is indirectly significant. Many H-1B workers simultaneously pursue or plan to pursue EB-3 or EB-2 permanent residence, and maintaining valid H-1B status is often critical to keeping an active green card case on track. Those not selected in the FY 2027 lottery should consult with an immigration attorney to explore alternative visa pathways that may preserve their immigration timeline. Selection in the lottery does not guarantee approval — petitioners must still meet all statutory and regulatory eligibility requirements, and the burden of proving eligibility remains with the filing employer.