09/02/2026
FY 2027 H-1B lottery – planning approach and key changes/considerations:
A. Weighted selection process
For FY 2027, USCIS will implement a weighted selection process depending on the wage level selected - registrations will have improved selection odds; the higher the wage level selected, the more chances of getting selected in the lottery.
B. Make a list of the candidates you wish to be registered for the H-1B cap lottery – you need to determine the following:
• Specialty occupation alignment – identify their job title, job duties, minimum requirements for the position, education, and experience requirement for the position
• Identify their work site, whether will work onsite, hybrid, or WFH
• Review their educational credentials (degree certificate and complete transcripts/marksheets ) and ensure that they have at least the equivalent of a US bachelor’s degree in the field that is directly related to the position you are offering
• Identify salary to be offered
• Ensure that the candidates have a valid unexpired passport at the time of cap registration
C. Overseas H-1B cap cases – current $100K requirement and practical impact
We also want to flag a significant consideration for candidates who are outside the US. At present, there is an H-1B-related $100,000 requirement affecting employees overseas. Unless ongoing legal challenges to the proclamation are successful, or the proclamation is not extended before selected H-1B cap cases are filed, this requirement would apply to overseas cases and can materially limit the ability to move forward with consular processing for cap-selected beneficiaries abroad.
As a practical matter, given this constraint and the uncertainty around extension/litigation outcomes, employers are often only able to proceed with cap-subject H-1B filings for individuals who are already in the U.S. and are eligible to file as a change of status to H-1B (rather than relying on overseas consular processing).
Accordingly, for FY 2027 planning we recommend:
• Separating your candidate pool into (a) US-based candidates eligible for change of status and (b) overseas candidates, and
• Prioritizing US-based, change-of-status candidates for cap filings where feasible, while we monitor whether the proclamation is extended and how the legal challenges develop.
Ensure that these US-based candidates are maintaining lawful status in the US.
I. Employee previously selected but not filed
If an employee was selected in a prior fiscal year but the petition was not filed within the required filing window, that selection cannot be used after the filing window closes. The employee would need to be registered again in the next cycle and if selected, timely file the H-1B cap petition within the filing period.
II. Parallel strategies if a key employee is not selected
We generally recommend identifying 1–2 realistic backups per key employee in advance. Depending on the employee’s profile, options can include:
• L-1 (intra-company transferee)
• O-1 (extraordinary ability)
• TN (Canada/Mexico), E-3 (Australia), or H-1B1 (Singapore/Chile), if nationality/role fit
• F-1/OPT timing strategies (where applicable)
Candidate/employee who is working in US on F1 visa or who are on H4 visa when applied for COS from F1/H4 to H1B CAP the $100,000 president proclamation is not applicable. However, if the change of status is denied and they approve with overseas notification, then $100,000 applies.
