H-1B visa FY2027 cap reached: Petitioners can start filing from April 1

USCIS says FY2027 H-1B cap of 85,000 is filled; selected applicants can begin filing petitions from April 1 under revised rules

The US Citizenship and Immigration Services (USCIS) on Tuesday said it has reached the annual cap of 85,000 H-1B beneficiaries for FY 2027, completing both the regular and advanced-degree selection lotteries.

 

The agency added that it has notified all prospective petitioners whose beneficiaries were selected, making them eligible to file H-1B cap-subject petitions.

 

The H-1B visa programme is used largely by US technology companies to hire foreign workers. Indian professionals, including tech workers and physicians, form one of the largest groups of H-1B visa holders.

 

“H-1B cap-subject petitions for FY 2027, including those petitions eligible for the advanced degree exemption, may be filed with USCIS beginning April 1, 2026, if filed for a selected beneficiary and based on a valid registration,” a USCIS statement.

   

It said the period for filing the H-1B cap-subject petition will be at least 90 days and asked petitioners to include a copy of the applicable selection notice with the FY 2027 H-1B cap-subject petition.

 

USCIS confirms filing window and documentation rules

 

The agency said it would accept the new edition of the I-129 form that was published on February 27 this year. The revised Form I-129 requires employers to provide detailed information about the job being offered. This includes education requirements, field of study, prior experience, and whether the role involves supervision.

 

It also said an H-1B cap petition filed on behalf of a beneficiary must contain and be supported by the same identifying information and position information as the selected registration.

 

Petitioners have been asked to submit:

 

• A copy of the applicable selection notice

• Evidence of the beneficiary's valid passport or travel document used at the time of registration

• Evidence of the basis of the wage level selected on the registration as of the date the registration was submitted 

 

Wage-linked system reshapes selection and scrutiny

 

The H-1B selection process is shifting to a wage-based model, where applicants with higher salaries and skills are given priority. The change is intended to align visa allocation with labour market requirements and reduce misuse of the system.

 

Employers must now provide detailed wage-related information in the petition, including:

 

• Minimum education required for the role

• Relevant field of study

• Whether prior work experience is required

• Whether the role includes supervisory responsibilities

 

These details are drawn from the same criteria used by the Department of Labor to determine prevailing wage levels.

 

The changes also include a fee component introduced earlier, where a $100,000 charge applies in certain cases when employers sponsor workers from outside the United States.

 

The measure is expected to reduce reliance on overseas hiring and encourage domestic recruitment. 

 

Cap structure remains unchanged

 

The US Congress has set the current annual regular cap for the H-1B category at 65,000. An additional 20,000 petitions filed on behalf of beneficiaries who have earned a master’s degree or higher from a US institution of higher education remain exempt from the cap.

 

Together, these bring the total annual limit to 85,000 visas under the H-1B cap system.