Updated November 11, 2026

H-1B visa updates: FY 2027 weighted lottery, fee changes, and court rulings

The biggest H-1B visa updates for the FY 2027 season are the new wage-weighted lottery rule that took effect on February 27, 2026, and the June 8, 2026 federal court order vacating the supplemental payment requirement. Employers registered beneficiaries between March 4 and March 19, 2026, with selection odds tied to Occupational Employment and Wage Statistics wage levels. USCIS confirmed that it received enough petitions to reach both the annual 65,000 regular cap and the 20,000 advanced degree exemption.

What are the major H-1B regulatory and court updates in 2026?

Five major government actions reshaped the H-1B process across the 2025 and 2026 filing cycles. If you are preparing a petition, changing jobs, or applying for a visa stamp, these are the rules currently in effect.

First, the Department of Homeland Security replaced the random H-1B lottery with a weighted selection system. Announced on December 23, 2025, and effective February 27, 2026, this final rule gives higher selection weight to higher-skilled and higher-paid workers starting in the FY 2027 cap season.

Second, the supplemental payment requirement introduced by the September 19, 2025 Presidential Proclamation was blocked in federal court. On June 8, 2026, the U.S. District Court for the District of Massachusetts vacated the agency guidance implementing that payment in State of California v. Mullin, 1:25-cv-13829. After a brief administrative stay, the First Circuit Court of Appeals denied the government motion for a stay pending appeal on July 24, 2026. DHS stated that it disagrees with the ruling and intends to collect the payment if the order is lifted later, but USCIS is complying with the court order while considering next steps.

Third, DHS issued a final rule on August 10, 2026, effective September 9, 2026, amending regulations for the statutory 9-11 Response and Biometric Entry-Exit Fee. Covered employers (companies with 50 or more U.S. employees where more than 50 percent hold H-1B, L-1A, or L-1B status) must submit this fee on all H-1B and L-1 petitions, except for amended petitions that do not request an extension of stay.

Fourth, DHS adjusted premium processing fees on Form I-907 effective March 1, 2026, to reflect inflation from June 2023 through June 2025. USCIS rejects and returns any Form I-907 postmarked on or after March 1, 2026, that carries an outdated fee amount.

Fifth, on September 19, 2025, the U.S. Department of Labor launched Project Firewall. This enforcement initiative investigates employer compliance to protect the wages and job opportunities of American workers. Employers found to be willful violators are subject to random DOL investigations for up to five years.

How does the FY 2027 wage-weighted H-1B lottery work?

Starting in FY 2027, USCIS combines the beneficiary-centric selection model with wage-level weighting whenever registrations exceed the annual cap. The annual regular cap remains 65,000 visas (with up to 6,800 set aside for Chile and Singapore H-1B1 visas), plus an advanced degree exemption of 20,000 visas for beneficiaries holding a U.S. master degree or higher.

When submitting a registration, the employer must select the highest Occupational Employment and Wage Statistics (OEWS) wage level that the offered salary equals or exceeds for the relevant Standard Occupational Classification (SOC) code in the area of intended employment. USCIS then places each unique beneficiary into the selection pool multiple times based on that wage tier.

Regardless of how many employers register the same person or how many entries that person receives in the pool, each unique beneficiary is counted only once toward the numerical cap. If selected, every employer that properly submitted a registration for that beneficiary receives a selection notice and may file a Form I-129 petition.

FY 2027 weighted selection entries by OEWS wage level (uscis.gov, as of November 2026)

What are the FY 2027 H-1B cap registration dates, fees, and payment limits?

Eastern on March 19, 2026. USCIS has confirmed that enough petitions were filed to reach both the regular cap and the master degree cap for FY 2027.

Employers submitting registrations and petitions must follow the payment limits in the table below. Online transactions that exceed the daily credit card limit must be paid through Automated Clearing House (ACH) from a U.S. bank account, and employers should alert their bank beforehand to lift any ACH security blocks.

Fees and payment limits from uscis.gov (Form G-1055 and H-1B Cap Season), as of November 2026

How have H-1B registration numbers changed under the integrity rules?

Before adding wage weighting for FY 2027, USCIS introduced the beneficiary-centric selection rule for FY 2025 to stop duplicate filings. Under this rule, each registrant signs an attestation under penalty of perjury confirming a bona fide job offer, agreeing to pay at or above the selected OEWS wage level, and certifying that they have not colluded with any other entity to artificially raise selection chances.

Government data shows that multiple registrations dropped sharply once selections were tied to individual beneficiaries rather than total registration counts. Between FY 2025 and FY 2026, total eligible registrations decreased from 470,342 to 343,981, representing a 26.9 percent decline. In FY 2026, about 57,600 unique employers submitted registrations for about 339,000 eligible beneficiaries, averaging 1.01 registrations per beneficiary compared to 1.06 in FY 2025.

By our calculation from USCIS H-1B Electronic Registration Process data, eligible registrations for beneficiaries with multiple registrations fell by 98.1 percent between FY 2024 (408,891) and FY 2026 (7,828), accounting for only 2.3 percent of all eligible registrations in FY 2026. By our calculation from the same USCIS table, the overall selection rate across all eligible registrations was 34.9 percent in FY 2026 (120,141 selected out of 343,981 eligible), compared to 28.7 percent in FY 2025 (135,137 selected out of 470,342 eligible).

H-1B cap registration and selection counts for FY 2021 to FY 2026 (uscis.gov, as of November 2026)

Checklist: how to file a selected FY 2027 Form I-129 petition without a mismatch rejection

Under current USCIS rules, every cap petition must strictly match the underlying electronic registration, the certified Labor Condition Application (Form ETA-9035E), and Form I-129 (edition 09/09/26). Use this checklist written by our team to assemble your petition correctly within your 90-day filing window.

• File your LCA on the DOL FLAG system early: Submit Form ETA-9035E through the DOL FLAG portal no more than 6 months before the employment start date. The Department of Labor reviews LCAs within 7 working days for completeness and obvious errors.
• Align your SOC code and wage level: Form I-129 must list the same 6-digit SOC code and work location provided in the selected registration, along with a salary that equals or exceeds the registered OEWS wage level. If your certified LCA lists an 8-digit O*NET-SOC code (such as 17-2051.01 for Transportation Engineers), you can enter the 6-digit group code (17-2051 for Civil Engineers) on Form I-129 without causing a mismatch rejection.
• Attach wage-level evidence: Provide documentation establishing the basis of the OEWS wage level selected in the registration as of the exact date the registration was submitted.
• Request an allowed start date: FY 2027 cap petitions must specify an employment start date of October 1, 2026, or later (and no more than 6 months from the receipt date). USCIS rejects any petition requesting a start date of As Soon As Possible or ASAP.
• Enter the Beneficiary Confirmation Number: Include a copy of the H-1B Registration Selection Notice and enter the Beneficiary Confirmation Number on the H Classification Supplement (Page 13, Question 5).
• Verify passport information: Use the valid passport details entered at registration. If the passport expired between registration and petition filing, submit copies of both passports along with a written statement explaining the change. If a passport was extended by government decree, enter the extended expiration date and attach proof of the decree.
• Include an explanatory coversheet for updates: If any job or biographical details changed after registration, include an explanation, supporting evidence, and a brightly colored coversheet so USCIS intake officers spot the clarification immediately.
• Provide an accepted signature: For paper filings, sign Form I-129 and the H Classification Supplement by hand, preferably in black ink. USCIS rejects typed signatures, stamps, autopens, commercial electronic signature software outside the online account, or pasted signature images.
• Do not mail duplicate copies: Send only one copy of Form I-129 and supporting exhibits. USCIS electronic scanning and direct data exchange with the Department of State have eliminated the need for extra consular copies.

How do USCIS organizational accounts and online filing work?

Employers must use a USCIS organizational account to participate in the H-1B registration process. Standard applicant accounts cannot submit H-1B registrations or manage cap petitions.

Within an organizational account, the company designates an Administrator who establishes a Company Group. USCIS recommends setting up at least two Administrators per group so access is preserved if an employee leaves. Invitations to join a Company Group or collaborate with a legal team expire in 7 calendar days.

Once a registration is selected, employers can file Form I-129 and Form I-907 online or on paper starting April 1. If you file Form I-129 on paper, you cannot link it to your online account, and any future Form I-907 upgrade must also be submitted on paper. If you file Form I-129 online, any premium processing upgrade must be filed online.

If family members are filing Form I-539 for H-4 status or Form I-765 for an H-4 EAD, you cannot file those dependent forms concurrently online. To have USCIS adjudicate the family applications together with the principal worker petition, the entire package must be filed together on paper. If Form I-129 is filed online first, the employer must wait for the receipt notice and mail it alongside the paper Form I-539 and Form I-765, which USCIS will then process separately.

What are the rules for changing jobs, layoffs, entrepreneurs, and extensions past 6 years?

USCIS regulations provide established rules to change employers, handle a layoff, sponsor yourself through a startup, or extend status beyond six years.

• H-1B portability: An eligible worker may begin working for a new employer as soon as that employer properly files a nonfrivolous Form I-129 petition with USCIS, or on the requested start date, without waiting for final approval.
• 240-day rule for existing employers: If your employer files a timely extension before your current status expires, you remain in an authorized period of stay and may continue working for up to 240 days while the petition is pending.
• 60-day post-termination grace period: Following a voluntary or involuntary job loss, you generally have up to 60 consecutive days (or until your I-94 expires, whichever is shorter) to have a new employer file an H-1B petition, apply for a change of status, file Form I-485, or request a Compelling Circumstances EAD.
• Extensions beyond 6 years: The standard H-1B admission limit is 6 years, but you can recapture all full 24-hour days spent abroad. You can extend beyond 6 years in 1-year increments if a PERM labor certification or Form I-140 was filed at least 365 days before the requested start date. You can extend in 3-year increments if you have an approved Form I-140 in the EB-1, EB-2, or EB-3 preference category and your priority date is not current in the Visa Bulletin.
• Priority date retention: An approved Form I-140 locks in your priority date unless revoked for fraud, willful misrepresentation, or agency error. If an employer withdraws an approved Form I-140 after it has been approved for at least 180 days, USCIS will not revoke the petition approval for that reason alone, allowing you to use it for future H-1B extensions.
• Beneficiary-owned businesses: Under the DHS modernization rule, a company in which you hold a controlling interest (more than 50 percent ownership or majority voting rights) may sponsor your H-1B status. You must spend the majority of your time performing specialty occupation duties, and the initial petition and first extension are capped at 18 months each.
• H-4 dependent work authorization: Spouses in H-4 status can apply for an EAD on Form I-765 if the principal worker holds an approved Form I-140 or has received an H-1B extension beyond 6 years. Time spent in H-4 status does not count against your own 6-year H-1B limit.

How does international travel affect pending H-1B and green card filings?

Traveling outside the United States while an application is pending has distinct consequences depending on the benefit requested from USCIS.

If you are in the United States and your employer files Form I-129 requesting a change of status to H-1B, departing the country while that petition is pending abandons the change of status request. If USCIS approves the petition, it will be issued as a consular notification, meaning you must obtain an H-1B visa stamp abroad and seek entry through CBP before beginning work. By contrast, if you already hold H-1B status and your employer files an extension of stay while you are in the country, traveling abroad while that extension is pending generally does not trigger a denial.

For workers with a pending Form I-485 adjustment application, departing without an approved Advance Parole document (Form I-131) generally abandons the application. However, valid H-1B workers are exempt: you may travel while Form I-485 is pending without Advance Parole if you return with a valid H-1B visa stamp to resume work with the same employer.

When re-entering the country, carry your valid passport, your H-1B visa stamp, and your Form I-797 approval notice. Always inspect your Form I-94 expiration date upon arrival. If CBP issues an I-94 date shorter than your petition approval, you must file an extension, change status, or depart before that I-94 date arrives.

What the consular officer may ask at your H-1B visa interview

At a consular interview abroad or at a port of entry, officers verify that your role matches the information on your Form I-129, certified LCA, and electronic registration. Prepare by confirming the figures on your paperwork beforehand.

• What is your offered salary, and where will you work? What it checks: Under the FY 2027 weighted selection rules, your wage must equal or exceed the prevailing wage for the OEWS wage level and work location on your registration, LCA, and Form I-129. How to prepare: Know your base salary, worksite city and state, and the 6-digit SOC code on your certified Form ETA-9035E.
• What are your day-to-day duties, and how does your degree qualify you? What it checks: That your position qualifies as a specialty occupation requiring highly specialized knowledge and at least a relevant bachelor degree. How to prepare: Explain your core responsibilities in two plain sentences and carry your degree diploma and transcripts.
• Your registration passport number is different from your current passport. Why? What it checks: Identity continuity between registration and visa application. How to prepare: Bring both the expired passport used during March registration and your current passport, plus the explanatory letter submitted with Form I-129.
• Do you own an equity stake in the petitioning company? What it checks: Whether you are a beneficiary owner with more than 50 percent ownership, which restricts petition validity to 18 months and requires specialty occupation tasks for most of your work hours. How to prepare: State your ownership percentage plainly and outline your specialty occupation duties.

Practice example

What is your offered salary for this H-1B position, where will you be working, and how does that match your petition?

When the consular officer asks about your salary and work location, give a direct explanation that matches your Form I-129, your certified Labor Condition Application, and your FY 2027 registration. State your exact annual base salary, your job title, the 6-digit SOC code, and the city and state where you will work. Explain that your pay equals or exceeds the OEWS wage level your employer selected for the cap. If your position involves a client site, name every location on your LCA. Have three documents ready in case the officer asks to inspect them: your Form I-797 approval notice, your certified Form ETA-9035E, and your employer support letter verifying the offered salary and wage level.

Under the FY 2027 weighted selection rule, USCIS and consular officers verify that the job title, SOC code, work location, and offered compensation match the OEWS wage level attested to during the electronic registration.

This is interview practice, not legal advice. For questions about your own case, talk to an immigration attorney. Visaful is not affiliated with the U.S. government or the Department of State.