H-1B Lottery to Open March 4 With Significant Updates

The annual H-1B registration period for Fiscal Year 2027 will open on March 4, 2026, and close at 12 p.m. ET on March 19, 2026. During this window, prospective H-1B employers and their representatives may electronically submit registrations for candidates they wish to sponsor for first-time H-1B status.

The H-1B is one of the limited work authorization options available that allows qualifying foreign nationals to gain temporary permission to live and work in the United States for a qualifying U.S. employer. There are numerical limitations on the number of new H-1Bs granted each year, and the demand generally greatly exceeds the supply. As such, U.S. Citizenship and Immigration Services (USCIS) runs an annual electronic lottery wherein only a portion of submissions are selected for further adjudication.

Key Updates for FY 2027 H-1B Registration

This will be the first H-1B lottery cycle to incorporate several significant updates, including:

• New Weighted Lottery Selection Rule: Historically, the H-1B lottery used a random selection system. This year, however, the Department of Homeland Security (DHS) finalized a new rule that prioritizes registrations based on offered wages. Under the new approach, registrations for offered roles that meet a higher wage level will have a better chance of being selected than those that correspond with a lower wage level. The applicable wage level is determined based on both the occupational category and geographic location where the work would be performed.  
• New $100,000 Fee May Apply to Consular H-1B Filings: Pursuant to a Presidential Proclamation released last year, some petitioners with selected registrations may be required to pay an additional $100,000 fee as a condition of eligibility before filing the H-1B petition. Applicability of the fee will depend on case-specific factors, but it is generally expected to apply to H-1B petitions filed while the candidate is outside of the U.S. and certain petitions that are approved as “consular notification.” Limited national interest exceptions may be available.

Action Steps for Employers

Employers should take this opportunity to review their existing U.S. workforce and prospective U.S. hires to identify potential H-1B candidates and ensure their lottery submission is prepared and submitted on time.

Orrick’s Global Employment Solutions team is ready to assist with H-1B case assessments and preparing registrations, including confirming eligibility under the Fiscal Year 2027 rules, potential applicability of the $100,000 fee, and addressing post-selection H-1B petition strategies. Please reach out to the team with any questions or to discuss case-specific considerations.

Nino Kakauridze contributed to this article.