What Happened

U.S. Citizenship and Immigration Services (USCIS) has 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, known as the master's cap, for fiscal year (FY) 2027. USCIS will not conduct additional selections and will no longer accept new H-1B cap-subject petitions for FY 2027.

What This Means for Employers

For employers who received a valid selection notification during the FY 2027 H-1B registration process and timely filed their petitions, those cases will continue to be adjudicated in the normal course. Employers should continue to monitor case status through USCIS's online case status tool and respond promptly to any Requests for Evidence (RFEs).

For employers and foreign national workers who were not selected in the FY 2027 H-1B lottery, this announcement confirms that no additional cap-subject H-1B petitions may be filed for this fiscal year. Employers in this position should work with immigration counsel to evaluate alternative strategies for maintaining or obtaining work authorization.

What You Should Do Now

• Evaluate alternative visa options with immigration counsel to determine the best path forward for workers who were not selected.
• Review current employee populations to identify foreign national workers whose status may be affected by the cap and assess available options.
• Monitor pending H-1B petition statuses and respond promptly to any RFEs or other USCIS correspondence.
• Plan ahead for the FY 2028 H-1B registration period, which is expected to open in March 2027. Employers should begin identifying potential H-1B candidates now to ensure timely registration.

We Are Here to Help

The Koley Jessen Immigration Practice Group is closely monitoring H-1B cap developments and is prepared to assist employers in evaluating alternative work authorization strategies for employees who were not selected in the FY 2027 H-1B lottery, as well as planning ahead for FY 2028. If you have questions about how this announcement may affect your organization, please do not hesitate to reach out to a member of our team.

_{This content is made available for educational purposes only and to give you general information and a general understanding of the law, not to provide specific legal advice. By using this content, you understand there is no attorney-client relationship between you and the publisher. The content should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.}