FY 2027 H-1B Cap Reached; USCIS Confirms No Second Selection
- ARCFE U.S.
- 18 hours ago
- 6 min read
Introduction: The FY 2027 H-1B Selection Process Has Officially Concluded
On July 17, 2026, U.S. Citizenship and Immigration Services announced that it had received enough petitions to reach the congressionally mandated FY 2027 H-1B cap.
This means the FY 2027 cap-subject H-1B selection process has officially concluded. USCIS will not conduct a second selection for registrations that were not chosen during the initial round.
For employers, international students, and foreign professionals planning to remain in the United States, the announcement also reinforces an important reality: H-1B selection has become more closely connected to wage level, professional qualifications, and early immigration planning.
Key Takeaways
USCIS has received enough petitions to meet the FY 2027 H-1B statutory cap.
There will be no second H-1B selection for FY 2027.
Properly submitted registrations declined 38.5% from FY 2026.
The new weighted system gave higher-wage registrations more entries in the selection pool.
Individuals who were not selected should begin evaluating FY 2028 preparation and other lawful immigration options.
The FY 2027 H-1B Selection Process Has Officially Concluded
The annual H-1B cap consists of:
65,000 positions under the regular H-1B cap; and
20,000 additional positions under the U.S. advanced-degree exemption, commonly known as the master’s cap.
USCIS completed the initial FY 2027 H-1B registration selection process earlier in the year. Selected employers were then permitted to file cap-subject H-1B petitions for the beneficiaries named in those registrations.
After reviewing the petitions submitted during the filing period, USCIS determined that it had received enough petitions to meet both statutory allocations. As a result, there will be no second selection for FY 2027.
This does not mean USCIS has stopped accepting every type of H-1B petition. The agency will continue processing petitions that are not subject to the annual cap, including certain extensions, amendments, changes of employer, and petitions filed by qualifying cap-exempt organizations.
A Major Change: H-1B Entered the Weighted Selection Era
FY 2027 marked the first cap season conducted under the new wage-level-based weighted selection process.
Under the previous system, eligible beneficiaries generally had an equal probability of selection. Under the new framework, USCIS continues to conduct a selection when demand exceeds the available cap, but higher-wage registrations receive more entries in the selection pool.
The DHS final rule establishing the weighted H-1B selection process became effective on February 27, 2026, in time for the FY 2027 registration season.
In general, the weighting structure is:
OEWS wage level | Entries in the selection pool |
Level IV | 4 |
Level III | 3 |
Level II | 2 |
Level I | 1 |
A wage level is not determined solely by the offered dollar amount. It is evaluated in relation to the occupation, geographic area, applicable prevailing-wage data, and other information required under the final rule.
The rule also contains safeguards for situations involving multiple registrations, work locations, positions, or employers. Employers should therefore avoid treating wage level as a simple salary threshold and should work with qualified immigration counsel when preparing future registrations.
The stated policy objective is to increase the likelihood of selection for higher-skilled and higher-paid foreign professionals while preserving an opportunity for qualifying beneficiaries at all four wage levels.
FY 2027 Data: Fewer Registrations and a Different Selection Profile
USCIS subsequently shared a limited set of data regarding the FY 2027 registration season. According to a summary of the USCIS figures published by Fragomen, the number of properly submitted registrations declined substantially from the previous fiscal year.
Registrations Declined by 38.5%
FY 2027 properly submitted registrations: 211,600
FY 2026 properly submitted registrations: 343,981
Year-over-year decline: 38.5%
The decline may reflect several factors, including stronger program-integrity measures, changes in employer registration behavior, the new weighted framework, and more selective participation by employers and prospective beneficiaries.
The available data do not support attributing the entire decline to a single cause. However, the numbers indicate that the registration environment changed materially during the first year of weighted selection.
U.S. Advanced-Degree Holders Represented a Larger Share
The composition of the selected population also shifted:
71.5% of selected foreign nationals held a U.S. master’s degree or higher, compared with 57% in FY 2026.
Only 17.7% of selected registrations were classified at OEWS Wage Level I, the lowest wage category.
These figures suggest that beneficiaries with U.S. advanced degrees and positions associated with higher wage levels were more strongly represented in the FY 2027 selection results.
The advanced-degree percentage should not be attributed entirely to wage weighting, since eligible U.S. advanced-degree holders also benefit from the separate 20,000-position exemption. Nevertheless, the decline in the Level I share is consistent with the new system’s preference for registrations associated with higher wage levels.
At the time the cap announcement was issued, USCIS had not released enough detailed information to calculate a complete FY 2027 selection rate by wage level.
What Should Applicants Who Were Not Selected Do Next?
Because USCIS will not conduct a second FY 2027 selection, unselected registrations will not receive another opportunity during the current cap season. They also do not automatically carry over to FY 2028.
Individuals who still plan to work or build a long-term future in the United States should consider the following steps.
Prepare Early for the FY 2028 H-1B Cap Season
Prospective beneficiaries and employers should begin preparing before the FY 2028 registration period opens.
Preparation may include:
Evaluating how the offered position maps to the applicable OEWS wage level;
Reviewing whether the job title, duties, work location, and offered wage are internally consistent;
Confirming that the employer can document a genuine specialty-occupation position; and
Working with immigration counsel to understand the weighted selection and documentation rules.
A higher salary does not automatically establish a higher wage level. The offered wage must be evaluated against the relevant occupation and geographic labor market.
Evaluate Other Lawful Work and Immigration Options
H-1B is not the only pathway available to foreign professionals. Depending on a person’s qualifications, employment history, nationality, family circumstances, and long-term objectives, other nonimmigrant or immigrant classifications may be worth evaluating.
Because eligibility differs substantially from one category to another, applicants should consult qualified immigration counsel before making employment, travel, or status-related decisions.
Consider the EB-5 Immigrant Investor Program
For individuals and families with sufficient financial resources, the EB-5 Immigrant Investor Program may provide a separate pathway to U.S. permanent residence through a qualifying investment that supports job creation.
Unlike H-1B, EB-5 is not dependent on employer sponsorship or an annual H-1B selection. A qualifying investor may include a spouse and unmarried children under 21 in the immigration process, subject to program requirements and individual eligibility.
For eligible applicants already in the United States, concurrent filing may also allow Form I-526E and Form I-485 to be submitted together when an immigrant visa is available. Applicants may also be eligible to apply for employment and travel authorization while their cases are pending. ARCFE’s EB-5 process and concurrent filing guide explains the general steps for applicants filing inside and outside the United States.
The USCIS EB-5 program page provides the controlling government overview of the program. Prospective investors should obtain independent immigration, legal, tax, and financial advice before making a decision.
Conclusion: Immigration Planning Should Begin Before a Deadline
The FY 2027 H-1B results demonstrate that U.S. immigration planning is becoming more closely tied to professional qualifications, compensation structure, documentation, and timing.
For individuals who were not selected, the end of the FY 2027 cap season should not be treated as the end of every possible U.S. pathway. It is instead a reason to evaluate available options earlier and determine which strategy best aligns with the individual’s career, family, and long-term residency goals.
Founded by iCross Capital, a New York City real estate financing institution with nearly 20 years of lending experience, ARCFE applies institutional-quality underwriting and disciplined risk management to the EB-5 projects and services it offers.
For families considering EB-5 as part of their long-term U.S. immigration planning, request a confidential consultation with iCross x ARCFE.
Related ARCFE Resources
To learn more, read EB-5 Investing 101: Measuring Risk Through the Capital Stack, review the ARCFE EB-5 Process, or explore ARCFE Group 21.
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