USCIS announced on July 17, 2026, that it has received sufficient H-1B petitions to reach both the congressionally mandated 65,000 regular cap and the 20,000 advanced degree exemption (master’s cap) for fiscal year 2027. This signals the end of the filing window for that fiscal year and affects how and when you can file H-1B petitions going forward.
What changed
USCIS has confirmed that petitions received for fiscal year 2027 H-1B positions have met both statutory caps:
- The regular H-1B cap: 65,000 visas
- The U.S. advanced degree exemption (master’s cap): 20,000 visas
Once USCIS reaches either cap, it stops accepting new petitions for that fiscal year unless a petition is withdrawn or denied, freeing up space. This announcement marks the official closure of the FY 2027 H-1B filing window.
Why it matters
Timing and planning. If you were planning to file H-1B petitions for FY 2027, you must act immediately or pivot to an alternative visa category. Once the cap is reached, USCIS will return any newly submitted petitions without processing them. The window may close within hours or days depending on receipt rates.
Lottery implications. In recent years, USCIS has conducted an electronic lottery when cap is reached early, selecting petitions randomly for further processing. Confirm whether USCIS will run a lottery for FY 2027 or whether the cap closure is final.
Fallback strategies. Consider whether your client qualifies for an H-1B exemption (e.g., cap-exempt employers like nonprofits, higher education institutions, government research organizations, or those requesting H-1B portability under prior approval). If not, explore alternative visa categories:
- O-1 visa (extraordinary ability)
- L-1 visa (intracompany transfer)
- E-2 treaty investor visa
- F-1 OPT (if the beneficiary is a recent U.S. graduate)
- TN visa (Canadian or Mexican nationals under USMCA)
Next fiscal year. FY 2028 H-1B petitions may be filed starting April 1, 2027 (if USCIS does not change the filing window). Begin preparing petitions now so you are ready to file as soon as the window opens.
Way forward
- Verify cap status immediately. Check USCIS’s H-1B cap tracker to confirm the FY 2027 cap has been reached and learn whether a lottery will be held.
- Assess exemptions. Determine whether your employer or the beneficiary qualifies for a cap-exempt category. Review USCIS’s guidance on H-1B exemptions in the Form I-129 instructions.
- Explore alternatives. Consult with your immigration counsel about non-H-1B pathways (O-1, L-1, E-2, F-1 OPT, TN) that may fit your client’s profile and timeline.
- Plan for FY 2028. Document the client’s qualifications and prepare I-129 and LCA materials in advance so you can file on the first day of the FY 2028 window (typically April 1, 2027).
Disclaimer
This article is provided for general informational purposes only and does not constitute legal advice. USCIS policy and processing rules can change without notice. You must verify all information against the official source announcement and the most current USCIS guidance before advising a client or filing a petition. Consult a licensed immigration attorney for case-specific counsel.