FY 2027 H-1B CAP Lottery

The fiscal year 2027 (March 2026) H-1B cap registration period is currently open and will run through noon eastern on Thursday March 19, 2026.

H-1B CAP registrations are submitted electronically via USCIS’s website. USCIS will update its lottery selections on employers’ my.uscis.gov accounts by March 31, 2026.

H-1B CAP lottery winners are then eligible to submit an H-1B petition between April 1, 2026 – June 30, 2026.

Notable changes to this year’s H-1B cap season are:

• USCIS will require a $100,000 payment for new H-1B visa applicants who are outside the US at the time of their cap case filing.
• USCIS has announced that lottery selection will be weighted, with more entries for selection given to H-1B candidates with high wages. 

For the latest on USCIS’s H-1B changes and to ensure your own H-1B filing strategy, please reach out to your MU attorney.

2026 H-1B Cap Webinar

MU will be hosting a FREE webinar on Thursday, February 19th at 2PM Eastern for our friends and clients. Please join us! 

Join us for this FREE webinar to learn more about:

• $100K Fee latest updates
• H-1B Cap Registration Process/Timeline
• Weighted Lottery Rule
• What is a Specialty Occupation?
• Cap-gap for F-1s as well as CPT/OPT Maintenance

Please join us!

FY 2027 H-1B CAP Lottery

The fiscal year 2027 (March 2026) H-1B cap registration period will open at noon ET on Wednesday, March 4, 2026 and close at noon ET on Thursday, March 19, 2026.

H-1B cap registrations are submitted electronically via USCIS’s website. H-1B cap lottery winners are then eligible to submit an H-1B petition between April 1, 2026 – June 30, 2026.

The H-1B cap lottery is open to employees filling positions requiring Bachelor’s degrees, which may include healthcare occupations such as Medical Technologists, Occupational Therapists, Physical Therapists, and even Registered Nurses.

Notable changes to this year’s H-1B cap season are:

USCIS will require a $100,000 payment for new H-1B visa applicants who are outside the US at the time of their cap case filing.

USCIS has announced that lottery selection will be weighted, with more entries for selection given to H-1B candidates with high wages.

For the latest on USCIS’s H-1B changes and to ensure your own H-1B filing strategy, please reach out to your MU attorney.

DHS Issues Final Rule for Weighted Selection of the Highest Wages in H-1B Cap

On December 29, 2025, DHS published a Final Rule in the Federal Register, amending the way in which USCIS will select candidates in the H-1B Cap Lottery.  

Instead of the existing random lottery system, USCIS will implement a weighted selection process that prioritizes allocating H-1B visas to higher-skilled and higher-paid workers according to their Occupational Employment and Wage Statistics (OEWS) wage levels.

Each worker’s OEWS wage level, which ranges from Levels I to IV, will determine how many registration entries that candidate will receive. Higher wage levels receive more entries—four for Level IV, three for Level III, two for Level II, and one for Level I—resulting in higher-paid positions having greater odds of selection while still allowing all wage levels to participate.

Although DHS received nearly 17,000 public comments on its Notice of Proposed Rulemaking (NPR), issued back in September 2025, DHS published this Final Rule without any modifications. DHS notes that some commenters suggested that DHS should consider an exemption for healthcare occupations, especially in rural or shortage areas. However, DHS declined to carve out exemptions for certain industries or give additional weight for registrations in “critical sectors.”

The Final Rule is effective February 27, 2026, and will be in place for the H-1B Cap Registration Season for the 2027 Fiscal Year.

President Trump’s $100,000 H-1B Fee: Lawsuit and New Guidance

On Thursday, October 16, the U.S. Chamber of Commerce filed a lawsuit challenging President Trump’s $100,000 H-1B fee. MU posted its first blog on the $100,000 fee detailing the fee’s application last month.

The U.S. Chamber of Commerce, the nation’s largest business association and advocacy organization, brings this suit under claims that the fee exceeds the President’s authority and violates the Administrative Procedure Act (APA).

The lawsuit cites several studies and articles attesting that the H-1B program benefits the U.S. economy and is vital in addressing the U.S. labor shortage crisis. It also includes statements from businesses and investors regarding the devastating effects the proclamation will have on American businesses.

On Monday, October 20, USCIS updated its H-1B webpage with new guidance that the $100,000 fee is not required for petitions filed on behalf individuals who are already in the US on valid temporary status (such as an F-1, H-4, J-1, etc.).

The guidance also provided details on the type of case that may qualify for an exception from the fee and finally provided a mechanism for payment of the $100,000 fee.

MU will discuss these updates and more in detail during our free webinar on Tuesday, October 28, at 2PM Eastern. Register to attend!

WEBINAR: H-1B $100,000 Proclamation Updates

MU will be hosting a FREE webinar on Tuesday, October 28th at 2PM Eastern for our friends and clients.  Please join us! 

Join us for this FREE webinar to learn more about:

• Who is Subject to the $100,000 Payment
•  Exception Criteria
• Litigation Updates

Please join us!

DHS Proposes Weighted Selection for the Highest Wages in H-1B Cap

On September 24, 2025, DHS published in the Federal Register a proposed new rule that would give priority to H-1B Cap candidates whose employer promises to pay the highest of the Occupational Employment Statistics (OES) wage levels.

The OES assigns wages from Levels I through IV for a particular position in a Metropolitan Statistical Area (MSA). An employer then chooses the appropriate wage level based on the experience and complexity of the position and files a Labor Condition Application (LCA) listing the appropriate OES wage.

According to DHS’s proposed rule, H-1B Cap registration candidates offered higher salaries would have a significantly greater chance of being selected in the H-1B cap than those offered lower wages. Specifically, higher wage levels would receive more entries in the selection pool: Wage Level IV (fully competent) would get four entries, Wage Level III (experienced) three entries, Wage Level II (qualified) two entries, and Wage Level I (entry-level) one entry.

While DHS notes its intent is to incentivize employers to offer higher wages to H-1B workers, clients should remember that a position’s wage level is also determined by the DOL’s wage level guidance. Therefore, not all H-1B positions are eligible for Level III and Level IV wages.

The proposed rule is currently accepting comments from the public until October 24, 2025, to which DHS will then respond and may alter some elements of the rule.

MU has prepared a comment to the proposed rule expressing strong opposition to replacing the current random lottery system with a weighted lottery. The proposed rule would make it more difficult for hospitals and clinics—especially those in rural areas and nonprofits—to recruit and retain essential healthcare staff such as nurses and medical technologists. MU maintains that the H-1B program is critical to address workforce shortages in the U.S. healthcare system.

WEBINAR: Business Immigration Hot Topics

MU will be hosting a FREE webinar on Tuesday, September 23rd at 2PM Eastern for our friends and clients.  Please join us!

Join us for this FREE webinar to learn more about:

• H-1B Cap Employees October 1 Start Considerations
• USCIS H-1B Site Visit Trends
• Visa Bulletin Fiscal Year 2026 Projections
• F-1 Student Visa Proposed Rule Changes
• Healthcare Workforce Resilience Act

Please join us!

FY 2026 H-1B Cap is Reached: USCIS Will Not Conduct Second Round of Lottery

USCIS announced in a News Alert that the FY 2026 H-1B cap has been reached as of July 2025. Because the cap has been reached, USCIS will not conduct a second round of H-1B cap lottery selections in 2025.

The FY 2026 H-1B cap has been reached because USCIS received enough H-1B petitions between April 1, 2025 and June 30, 2025 to meet the 65,000 H-1B visa regular cap and 20,000 H-1B visa master’s cap. 

The case status for registrations that were not selected in the FY 2026 cap will be updated from “Submitted” to “Not Selected” in their https://my.uscis.gov/ account.

USCIS Releases FY 2026 H-1B Cap Registration Numbers

USCIS recently posted its FY 2026 H-1B cap lottery update, announcing it received 358,737 total registrations in the FY 2026 (March 2025) H-1B cap lottery. The total number of registrations submitted in FY 2026 decreased 25% from FY 2025, when 479,953 total registrations were submitted. 

The H-1B CAP lottery was open to employees filling positions requiring bachelor’s degrees, which may include healthcare occupations such as Medical Technologists, Occupational Therapists, Physical Therapists, and even Registered Nurses.

The table below provides the total number of H-1B registrations from FY 2021 - 2026:

Fiscal Year	H-1B registrations
2026	358,737
2025	479,953
2024	780,884
2023	483,927
2022	308,613
2021	274,237

 

As indicated by the table, the number of H-1B cap registrations has steadily declined since FY 2024. USCIS credits its final rule Improving the H-1B Registration Selection Process and Program Integrity, which was implemented in 2024 and introduced a beneficiary-centric registration system designed to prevent employers from submitting duplicate registrations for the same individual. 

H-1B registrations once again far outnumbered the 85,000 cap, and a total of 120,141 registrations were selected for FY 2026. Those selected in the lottery have been notified and must file their full H-1B petitions with USCIS by June 30, 2025.

If less than 85,000 CAP petitions are filed by June 30, 2025, USCIS may issue additional selections in a subsequent round of the lottery. Individuals whose registrations are listed in the Registrant’s online account as “Submitted” are not yet rejected in the CAP but are eligible to be chosen in a later round of the lottery.

Fiscal Year 2026 H-1B CAP Lottery Completed

USCIS announced it has received enough electronic registrations for unique beneficiaries during the H-1B CAP registration lottery to reach the fiscal year (FY) 2026 H-1B CAP of 85,000 beneficiaries.

The H-1B CAP lottery was open to employees filling positions requiring Bachelor’s degrees, which may include healthcare occupations such as Medical Technologists, Occupational Therapists, Physical Therapists, and even Registered Nurses.

Musillo Unkenholt has begun notifying clients who are H-1B lottery winners that they are eligible to file an H-1B cap-subject petition.

Selected registrations may be filed from April 1, 2025 – June 30, 2025.

If less than 85,000 CAP petitions are filed during the 90-day filing window, USCIS may issue additional selections in a subsequent round of the lottery. Individuals whose registrations are listed in the Registrant’s online account as “Submitted” are not yet rejected in the CAP but are eligible to be chosen in a later round of the lottery.

“Winning” the lottery does not guarantee an H-1B approval. Petitioners filing for selected beneficiaries based on their valid registration must still submit evidence or otherwise establish eligibility for petition approval.

FY 2026 H-1B CAP Lottery

The fiscal year 2026 (March 2025) H-1B cap registration period will open this week, at noon eastern on March 7, 2025 and run through noon eastern on March 24, 2025.

H-1B CAP registrations are submitted electronically via USCIS’s website. H-1B CAP lottery winners are then eligible to submit an H-1B petition between April 1, 2025 – June 30, 2025.

The H-1B CAP lottery is open to employees filling positions requiring Bachelor’s degrees, which may include healthcare occupations such as Medical Technologists, Occupational Therapists, Physical Therapists, and even Registered Nurses.

This year, USCIS has increased its CAP registration fee from $10 to $215 per registration.

Further information on this year’s CAP lottery can be found on USCIS's H-1B Electronic Registration Process website. 

H-1B 2025 Cap Webinar

MU Law will be hosting a FREE webinar for our clients and friends on Tuesday, February 11, 2025 at 2PM Eastern (1PM Central).

Join us for this FREE webinar to learn more about:

• H-1B Cap Basics, Registration Process, and 2025 Changes
• What is a Specialty Occupation?
• Special Issues for Staffing Companies, Third Party Placements
• Cap-gap for F-1s as well as CPT/OPT maintenance
• Q&A

PLEASE JOIN US!

DHS Increases Flexibility for CAP-Exempt Work Placements

In its recent update to H-1B program requirements, DHS revised its regulation on H-1B CAP-exemptions for beneficiaries who are staffed at universities and certain nonprofits.

H-1B CAP exemption allows an employer to file an H-1B CAP case on behalf of an employee at any time in the fiscal year, outside of the usual annual limits on H-1Bs imposed by the H-1B CAP. H-1B CAP exemption is particularly useful for employers seeking to employ beneficiaries in the healthcare industry, where staffing needs are particularly urgent.

DHS is revising its CAP-exempt regulation to note that beneficiaries qualify for H-1B cap exemption when they spend at least half of their time providing essential work to a qualifying institution.

Previously, the regulation required a beneficiary to spend the majority of their time performing duties at a qualifying institution.

First, the revision reduces the time requirement by noting that the employee need only spend 50% of their time providing work to a qualifying institution.

Second, the revision allows for remote work, including telehealth, to count toward an employee’s time requirement for CAP-exemption, while the previous regulation required an employee’s physical presence at a qualifying institution.

In DHS’s final rule, the agency acknowledges that its CAP-exempt regulation revision may slightly expand who is eligible for the cap exemption. DHS’s intention is that the revision will increase flexibility for employers and beneficiaries, as well as better represent modern employment situations.

UPDATE: USCIS Has Completed Second Round of H-1B Cap Selections

On Monday, August 5, USCIS announced in a News Alert that it had completed its second round of H-1B CAP selections in the Fiscal Year 2025 H-1B Cap lottery (FY 2025 refers to CAP registrations filed in March 2024).

Those with selected second-round registrations received a selection notice in their https://my.uscis.gov/ account, which includes details of when and where to file. An H-1B cap-subject petition must be properly filed within the filing period indicated on the selection notice. Most second-round selection notices indicate a filing window of August 8, 2024 – November 7, 2024. In all cases, the period for filing the H-1B cap-subject petition will be at least 90 days. 

USCIS Will Select a Second Round of H-1B Cap Registrations

The USCIS has announced in a News Alert that it will select a second round of H-1B registrations in the Fiscal Year 2025 H-1B Cap lottery (FY 2025 refers to CAP registrations filed in March 2024).

The second round of selections indicates that not enough H-1B petitions were submitted between April 1, 2024 and June 30, 2024 to meet the total 85,000 H-1B CAP. In its News Alert, USCIS clarified that it will not be conducting a second selection for the advanced degree exemption (the master’s cap), as enough master’s cap petitions were received to meet the 20,000 FY 2025 masters cap. The second round of selection will therefore include both master’s and regular cap registrations.

USCIS will announce once the second-round selection process is completed. Those with selected second-round registrations will receive a selection notice in their https://my.uscis.gov/ account, which includes details of when and where to file.

WEBINAR - H-1Bs FOR REGISTERED NURSES

MU Law will be hosting a FREE webinar for our clients and friends on Tuesday, July 30th, 2024 from 1:00-2:00 pm Eastern (12:00-1:00 pm Central).

Join us for this FREE webinar to learn more about:

• Specialty Occupation Criteria
• Potential H-1B Filing Approaches
• H-1B Cap Exemption
• H-1B RN Filing Trends

PLEASE JOIN US!

WEBINAR - H-1Bs FOR REGISTERED NURSES

MU Law will be hosting a FREE webinar for our clients and friends on Tuesday, July 30th, 2024 from 1:00-2:00 pm Eastern (12:00-1:00 pm Central).

Join us for this FREE webinar to learn more about:

• Specialty Occupation Criteria
• Potential H-1B Filing Approaches
• H-1B Cap Exemption
• H-1B RN Filing Trends

PLEASE JOIN US!

Webinar on USCIS Online Filing for H-1Bs

MU Law will be hosting a FREE webinar for our clients and friends on Friday, April 12, 2024 at 12PM Eastern (11AM Central).

Join us for this FREE webinar to learn more about the USCIS' new online filing for H1Bs.

USCIS ANNOUNCES EXTENSION OF H-1B REGISTRATION PERIOD

On March 21, 2024, USCIS announced that they would be extending the registration period for the 2024 (fiscal year 2025) H-1B cap registration.

The initial registration opened at noon eastern on March 6, 2024 and was scheduled to run through noon eastern on March 22, 2024. The registration period will now run through noon eastern on March 25, 2024. The extension of the registration period is due to a temporary USCIS outage that was experienced by some registrants.

The registration process during this extended period will remain the same and USCIS still intends to notify registrants that they are selected by March 31, 2024.