U.S. Citizenship and Immigration Services (USCIS) announced on 17 July that it has already received enough petitions to fill the statutory 85,000 H-1B cap numbers (65,000 regular plus 20,000 U.S. master’s exemption) for Fiscal Year 2027. The agency will therefore not conduct a second lottery—an increasingly common practice in recent years—and all remaining registrations are now marked “Not Selected.” This year’s selection process was the first to use the weighted lottery mandated by DHS in January. Registrations offering higher Department of Labor prevailing-wage levels received proportionally better odds of selection. USCIS statistics released earlier show 211,600 valid registrations—down 38 percent from FY-2026—reflecting both the weighted system and aggressive fraud-mitigation measures introduced last year. Of the selected beneficiaries, 71.5 percent hold a U.S. advanced degree and fewer than 18 percent fell in the lowest wage tier. Employers had until 30 June 2026 to file complete H-1B petitions for selected candidates. With the cap now closed, companies that missed selection must explore alternatives such as cap-exempt research institutions, O-1 “extraordinary ability” visas, TN or E-3 categories, or offshore staffing. Foreign students on Optional Practical Training who were not selected will need to monitor work-authorization expiry and, where eligible, consider a STEM-OPT extension or a change of status. The absence of a second lottery will simplify workforce planning but also tightens competition for talent, particularly in AI, semiconductor design and other high-skill fields prioritised in the weighted system. Immigration counsel recommend that HR teams begin gathering documents early for the FY-2028 season; USCIS is expected to open next year’s registration window in March 2027. Because the weighted lottery favours higher wages, employers using Level 1 salaries for entry-level roles should anticipate lower selection odds going forward and factor the premium for higher wage levels into budget forecasts.
Source: Fragomen
