PolicyJDSupra Immigration · 3 min read

USCIS Opens FY 2027 H-1B Lottery Registration with Major Rule Changes

USCIS announced H-1B cap registration opens March 4–19, 2026, featuring a new wage-weighted lottery system and a $100,000 supplemental fee for offshore petitioners.

· Source: JDSupra Immigration
U.S. Citizenship and Immigration Services (USCIS) has announced that the FY 2027 H-1B cap registration window will open at noon EST on March 4, 2026, and close at noon EST on March 19, 2026. Employers seeking to sponsor foreign nationals for temporary skilled work positions must register during this period to participate in the selection lottery. The most significant change for FY 2027 is the replacement of the purely random lottery with a wage-weighted selection system. Under this new framework, candidates offered higher salaries relative to their occupation and work location receive multiple lottery entries: Level 4 (highest-paid) workers receive 4 entries, Level 3 workers receive 3 entries, Level 2 workers receive 2 entries, and Level 1 (entry-level) workers receive 1 entry. This structural shift is designed to prioritize higher-skilled, higher-compensated positions. A second major change involves a $100,000 supplemental fee, implemented under a 2025 Presidential Proclamation, applicable to certain new H-1B petitions — primarily those filed for beneficiaries currently outside the United States. Notably, Change of Status filings for individuals already in the U.S., such as F-1 students on Optional Practical Training (OPT), are generally exempt from this fee. For EB-3 applicants and sponsors, these H-1B changes are relevant context: employers who cannot secure H-1B status for prospective employees may increasingly turn to permanent labor certification (PERM) and EB-3 petitions as an alternative pathway. The elevated costs and competitive odds of the H-1B route may accelerate interest in employment-based green card sponsorship. Employers and foreign nationals navigating these changes should consult qualified immigration counsel to assess wage level positioning, eligibility for fee exemptions, and whether alternative visa categories — including EB-3 — may better serve their long-term immigration strategy.

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