On July 17, 2026, USCIS announced it received enough petitions to reach the congressionally mandated 65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree exemption (master’s cap) for fiscal year 2027. This means USCIS will not conduct a second lottery selection for H-1B cap–subject petitions this year.
What changed
USCIS announced that it has received enough H-1B petitions to reach the congressionally mandated cap of 85,000 new H-1B filings for Calendar Year 2026 (FY2027). Any H-1B registration not selected in the draw that was conducted in March 2026 will not be eligible to file an H-1B cap petition for FY2027. USCIS will continue to accept and process cap-exempt H-1B petitions, including extension, amendment, and change of employer petitions, as well as change of status petitions filed by cap-exempt petitioners.
The registration numbers this cycle were notably lower than prior years: USCIS received approximately 211,600 unique beneficiary registrations, which was significantly lower than the 336,153 registrations submitted in March 2025 for the FY2026 lottery.
Why it matters
The cap closure ends all new H-1B filings for FY 2027. If you had a beneficiary not selected in the March 2026 lottery draw, that beneficiary cannot file an H-1B cap-subject petition until next year.
Practitioners should pivot unsupported clients to cap-exempt pathways (extensions, amendments, portability, concurrent employment) or alternative visa categories (L-1, O-1, EB-based immigrant petitions, specialized visa tracks). This is especially critical now: demand for H-1B visas continues to far exceed the number of visas available under the annual statutory cap. Employers that were unable to secure H-1B selection should evaluate alternative immigration options as early as possible.
Way forward
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Alert non-selected clients. Confirm in writing that their beneficiary was not selected and cannot file FY 2027. Explain the March 2027 registration window opens for FY 2028.
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Review cap-exempt options now. If the beneficiary is already in H-1B status, file extension (I-129, no cap), amendment, or portability petitions immediately. Do not wait.
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Explore alternative visas. For new sponsorships, discuss L-1A/B, O-1B (extraordinary ability), EB-3 (if timeline permits), or specialized statuses (E-2, R-1, etc.).
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Verify employment status and 240-day protection. If a beneficiary’s H-1B expires before the next cap season, ensure a timely filing for extension to trigger the automatic 240-day work-authorization window.
Disclaimer
This article is not legal advice and does not constitute the formation of an attorney-client relationship. It is published for informational purposes only. Folaform is a software company, not a law firm. You must consult a licensed immigration attorney licensed in your state to discuss your specific circumstances and options. Verify all facts and guidance against the official USCIS announcement linked above. U.S. immigration policy and USCIS procedures can change without notice.