Fiscal Year 2027 H-1B Cap Selection: USCIS Completes Process and Issues Statement

The agency also said it has notified all potential applicants for selected beneficiaries that they can submit H-1B cap petitions for those beneficiaries.

“FY 2027 H-1B cap petitions, including those eligible for the advanced degree exemption, may be submitted to immigration office Beginning April 1, 2026, if an application is submitted for a selected beneficiary and based on valid registration,” a statement from USCIS on Tuesday, March 31 said.

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USCIS states that the time limit for filing H-1B cap petitions is at least 90 days. It also lets applicants know that they must include a copy of the applicable selection notice with their FY 2027 H-1B cap application.

The USCIS also stated that it will accept the new version of Form I-129 released on February 27, 2026.

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One of the changes is the previously introduced significant fee component of a $100,000 fee that will be charged in limited circumstances when an employer sponsors a worker outside the United States. The measure is aimed at encouraging domestic hiring rather than reducing reliance on overseas hiring.

Currently, Congress has set the regular annual cap for the H-1B category at 65,000. An additional 20,000 petitions were filed on behalf of beneficiaries who have earned a master’s degree or higher USA Higher education institutions are exempt from the cap.

According to USCIS regulations, H-1B cap petitions filed on behalf of the beneficiary must contain and be supported by the same identity and position information as the selected registration. USCIS also said applicants must submit evidence of a valid passport or travel document used by the beneficiary at the time of enrollment.