USCIS Processing Time Update: FY2027 H-1B Cap Reached, Impact on EB-3 Applicants

USCIS has announced that the fiscal year 2027 H-1B cap has been reached, marking the closure of the H-1B lottery window for this cycle. Each year, the agency receives far more petitions than the statutory cap of 65,000 regular visas and 20,000 advanced-degree exemptions allows, making the lottery highly competitive. For EB-3 applicants and the broader employment-based immigration community, this development carries indirect significance. Many skilled foreign nationals who are denied H-1B selection or whose H-1B status is expiring turn to the EB-3 immigrant visa category as an alternative pathway to permanent U.S. residence. A closed H-1B cap often accelerates interest in employment-based green card sponsorship. Employers with workers caught outside the H-1B cap may begin exploring PERM labor certification filings more urgently, particularly under the EB-3 skilled worker or professional categories. This increased demand could further strain USCIS processing timelines for I-140 immigrant petitions already facing backlogs in 2026. Applicants currently in the EB-3 queue should monitor the monthly Visa Bulletin closely for movement in priority dates, especially as downstream H-1B cap effects ripple through the employment-based immigration system. Consulting with an immigration attorney about backup options or concurrent filing strategies is advisable.