The H-1B cap limits new H-1B visas to 65,000 a year, plus 20,000 more for people with a U.S. master’s degree or higher. Every cap-subject employer must first register each worker with USCIS online, and since the FY 2027 season, selection is weighted by the wage level of the job offered rather than drawn purely at random. Our firm has handled H-1B matters since 1999 and has secured more than 50,000 H-1B approvals.
Most people who have never held H-1B status, or who have not been counted against the cap in the past six years, are cap-subject. Common examples:
Cap-exempt employers (universities, nonprofits affiliated with universities, nonprofit research organizations, and government research organizations) can file at any time of year without registering.
The job must qualify as a specialty occupation, and the offered salary determines your wage level for selection.
Employer creates a USCIS online account and, during the March registration window, registers each beneficiary using the passport the worker will travel on.
Pay the registration fee of $215 per beneficiary.
USCIS selects registrations and posts a “Selected” or “Not Selected” status in the employer’s account, generally by March 31.
File the full petition (certified LCA, Form I-129, supporting evidence) during the filing window that opens April 1 and runs at least 90 days.
F-1 students with a timely filed petition may qualify for cap-gap protection of their work authorization.
USCIS gives each registration a number of entries based on the OEWS wage level (I to IV) that the offered salary meets for the occupation and work location.
4 entries in the selection
3 entries in the selection
2 entries in the selection
1 entry in the selection
For FY 2027, USCIS received about 211,600 eligible registrations, reached the cap on July 17, 2026, and held no second round. The wage level you claim at registration must match the salary you actually pay, or the petition can be denied.
Early-to-mid March (FY 2027 ran March 4 to March 19, 2026)
By March 31
April 1 to at least June 30
October 1
Dates not yet announced; registration is expected in March 2027. Start preparing now, because wage-level planning has to be done before registration, not after.
A 2025 Presidential Proclamation, extended in September 2026, created a $100,000 payment for certain new H-1B petitions for workers outside the United States. Federal courts have blocked collection, and the litigation is ongoing. USCIS guidance has treated approved changes of status inside the U.S. (such as F-1 to H-1B) as outside the payment’s scope. We check the current status before every registration and filing, and we tell you in writing what applies to your case.
Review the job, SOC code, and wage level before registration, so you do not over-claim a wage level
Confirm the beneficiary’s degree is directly related to the position, and obtain a credential evaluation for foreign degrees
Register, monitor, and report your selection status
Prepare the LCA, petition, and support letter, and match every document to one consistent job story
Handle RFEs, status questions, and F-1 cap-gap issues
Many of these first show up as a Request for Evidence. A strong, well-documented response can often cure them, but each one is a real risk.
The duties do not require a bachelor’s degree in a specific field, or the job description reads like a general business role.
The beneficiary’s major is not directly related to the duties or the SOC code on the LCA.
A wage level claimed at registration that the salary does not support, a duplicate or related-company registration for the same person, or passport details that do not match.
The petition is filed for someone not selected, after the filing window closes, or with a mismatch against the registration.
The LCA was not certified before filing, lists the wrong SOC code or worksite, or states a wage below the prevailing wage.
For example, a Level II wage paired with client documents demanding four or five years of experience.
The employer cannot show real, non-speculative work for the beneficiary on the start date.
Missing end-client letters, or contracts, purchase orders, and the petition letter disagree on duties, site, or duration.
A status violation or gap makes a change of status impossible, and the case may require consular processing and additional cost exposure.
Missing credential evaluation, no state license where the occupation requires one, wrong fees or forms, unsigned documents, or no copy of the selection notice.
No. Only selected registrations may file a cap-subject petition, and unselected registrations do not carry over to the next year. You register again in the next cycle.
Different, unrelated employers with genuine job offers may each register you. Related companies registering the same person for the same purpose can lead to denial, so we vet this carefully.
Yes. A U.S. master’s or higher degree gives you a second chance in the 20,000 advanced-degree selection after the regular selection.
A timely filed cap petition requesting a change of status can extend your work authorization under the cap-gap rules. We map your OPT dates before filing.
The best time to plan for the March registration is months before it opens. Request a Free Online Case Evaluation, or Book a Paid Consultation to review your wage level, degree match, and registration strategy with an attorney.
