USCIS FY 2027 H-1B Cap Met: EB-3 PERM Now a Top Alternative for Employers
USCIS has confirmed the FY 2027 H-1B cap has been reached, halting new cap-subject filings. Employers must now consider alternative visa and green card pathways, including EB-3 sponsorship.
USCIS has officially confirmed that the FY 2027 H-1B cap has been met, meaning no new cap-subject H-1B petitions can be filed for the fiscal year beginning October 1, 2026. This closure affects employers who were planning to hire foreign national workers through the H-1B lottery system and must now reassess their workforce immigration strategies.
For employers unable to secure H-1B approval, employment-based green card sponsorship — particularly through the EB-3 category — becomes a critical alternative. The EB-3 visa covers skilled workers, professionals, and unskilled workers, and is processed through the PERM labor certification route administered by the Department of Labor. Unlike H-1B, EB-3 PERM sponsorship is not subject to an annual lottery, making it a more predictable pathway.
Employers with existing H-1B employees who were not selected in the lottery or whose cap-subject extensions are no longer viable may consider initiating PERM applications now to build a long-term immigration strategy. Starting the EB-3 PERM process early is especially important given current processing backlogs at both DOL and USCIS.
For EB-3 applicants already in the pipeline, this development may indirectly increase employer interest in sponsoring new EB-3 cases as an H-1B alternative, potentially expanding the pool of eligible sponsoring employers in the near term. Workers in industries where H-1B has traditionally dominated — such as tech and engineering — may see growing EB-3 sponsorship opportunities.
Employers are advised to consult with immigration counsel to evaluate cap-exempt H-1B options, O-1 visas, TN status, or initiate PERM-based green card sponsorship as immediate next steps following the H-1B cap closure.
USCIS has reinstated neighborhood checks as part of the naturalization process, expanding background investigations for citizenship applicants. Applicants should be aware of these updated vetting procedures and prepare accordingly.
USCIS is sending letters to applicants citing 'FBI Privacy Requirements' as part of background check procedures. The letter is routine and does not indicate a problem with your case.
USCIS has changed how filing deadlines are calculated, affecting employers and foreign workers managing petition timelines. The update impacts how response windows and submission cutoffs are counted, with direct consequences for EB-3 priority date management.