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Were There Additional H-1B Lottery Selections for Fiscal Year 2027?

Were there additional H-1B lottery selections for fiscal year 2027? Learn what USCIS announced, why no second selection round was needed, what registration statuses mean, and which H-1B options may remain available.

No additional H-1B registration selection round was announced for fiscal year 2027. 

USCIS completed the initial registration selection process on March 31, 2026. The agency stated that it had received enough properly submitted registrations for unique beneficiaries to reach the annual H-1B numerical allocations, including the advanced degree of exemption. 

USCIS then announced on July 17, 2026, that it had received enough H-1B petitions to reach the congressionally mandated regular cap and the United States advanced degree exemption for fiscal year 2027. 

The official USCIS fiscal year 2027 cap announcement confirms that the agency received enough petitions to reach the 65,000 regular H-1B cap and the 20,000 advanced degree exemption. 

Because USCIS received enough qualifying petitions from beneficiaries selected during the initial process, the agency did not need to conduct a second selection round. 

This conclusion is based on USCIS announcements available as of July 27, 2026. USCIS may publish additional guidance if circumstances change, but the fiscal year 2027 cap has already been reached. 

What Did USCIS Announce After the Initial Selection?

USCIS announced on March 31, 2026, that the fiscal year 2027 initial registration selection process had been completed. 

The agency selected enough beneficiaries with properly submitted registrations to reach the anticipated H-1B numerical allocations. 

According to the official USCIS initial selection announcement, prospective petitioners with selected beneficiaries were notified through their USCIS online accounts. 

Only an employer or authorized representative with a selected registration could file a cap subject Form I-129 petitions for the beneficiary identified in that registration. 

The filing period began on April 1, 2026, and each selection notice provided the applicable filing deadline. USCIS stated that the filing period would be at least 90 days. 

Selection did not guarantee approval. The petitioning employer was still required to submit a complete H-1B petition and establish that the beneficiary, employer, position, wage, and employer employee relationship satisfied all applicable requirements. 

Why Does USCIS Sometimes Conduct Additional Selection Rounds?

USCIS selects more registrations than the number of visas available because not every selected registration results in an approved H-1B petition. 

Some employers decide not to file. Other petitions are rejected, withdrawn, denied, or determined to be ineligible. 

After the initial filing period, USCIS reviews the number of qualifying petitions it received. When that number is lower than expected, the agency may select additional registrations from the registrations that were properly submitted during the original registration period. 

An additional round does not reopen the registration period. USCIS selects registrations already submitted for that fiscal year. 

For fiscal year 2027, USCIS received enough petitions from the initial selection to reach the cap. As a result, another selection round was not necessary. 

What Is the Fiscal Year 2027 H-1B Cap?

Federal law generally provides 65,000 H-1B visa numbers under the regular annual cap. 

An additional 20,000 numbers are available through the advanced degree exemption for qualifying beneficiaries who earned a master’s degree or higher from an eligible United States institution of higher education. 

The official USCIS H-1B cap season page explains the annual numerical limits and the cap registration process. 

Within the 65,000 regular cap, up to 6,800 numbers are reserved for qualifying H-1B1 workers under the United States free trade agreements with Chile and Singapore. Unused H-1B1 numbers may become available for later H-1B use as permitted by law. 

The fiscal year 2027 cap applies to employment that normally begins on or after October 1, 2026. 

How Was the Fiscal Year 2027 Selection Process Different?

The fiscal year 2027 H-1B registration season used a weighted selection process. 

USCIS required registrants to provide information concerning the offered position, including the applicable Occupational Employment and Wage Statistics wage level, occupational classification, and intended area of employment. 

Under the new process, registrations associated with higher wage levels generally received greater weight in the selection process while registrations at all qualifying wage levels retained an opportunity for selection. 

USCIS explains the updated requirements on its official H-1B electronic registration process page. 

The new process became effective on February 27, 2026, and applied to the fiscal year 2027 cap season. 

This means the selection process was not conducted using the same method that applied to some prior fiscal years. 

What Does a Submitted Registration Status Mean?

A submitted status generally means that the registration was properly submitted and remained eligible for selection during the applicable selection process. 

It does not mean that the registration was selected. 

When USCIS completes a selection round, registrations that were not chosen may continue to display submitted status until USCIS determines that no further selections will be made or otherwise updates the account. 

Now that USCIS has announced that it has received enough petitions to reach the fiscal year 2027 cap, employers should review their online accounts for any final status updates. 

USCIS provides explanations of electronic registration procedures through its H-1B registration frequently asked questions. 

What Does a Selected Status Mean?

A selected status means that USCIS selected the beneficiary’s registration and that the prospective petitioner was permitted to file a cap subject H-1B petition during the filing period listed on the selection notice. 

Selection did not give the beneficiary H-1B status. 

It also did not guarantee that USCIS would approve the petition or that the beneficiary would receive an H-1B visa. 

The employer still had to establish that the offered position qualified as a specialty occupation, that the beneficiary possessed the required qualifications, and that all other statutory and regulatory requirements were satisfied. 

The petition also had to contain information consistent with the selected registration. 

What Does a Not Selected Status Mean?

A not selected status means that USCIS did not select the registration and that the employer cannot file a fiscal year 2027 cap subject H-1B petition based on that registration. 

Because USCIS has reached the fiscal year 2027 cap, an employer should not expect another ordinary selection opportunity from the fiscal year 2027 registration pool unless USCIS issues an unexpected new announcement. 

A beneficiary who was not selected may still have other immigration options. 

Those options depend on the person’s education, employment, current immigration status, nationality, professional history, employer, and long-term immigration goals. 

Can an Employer File an H-1B Petition Without a Selected Registration?

Employers generally cannot file a fiscal year 2027 cap subject H-1B petition unless USCIS selected a valid registration for that beneficiary. 

The petitioner must include the applicable selection notice with the H-1B petition and must file within the period stated on that notice. 

However, not every H-1B petition is subject to the annual registration and selection process. 

An employer may be able to file without a cap registration when the petition qualifies as cap exempt or when the beneficiary has already been counted against the H-1B cap and remains eligible for additional H-1B time. 

Who May Qualify for a Cap Exempt H-1B Petition?

Certain employers may file cap exempt H-1B petitions throughout the year. 

Potential cap exempt employers include qualifying institutions of higher education, nonprofit entities related to or affiliated with institutions of higher education, nonprofit research organizations, and governmental research organizations. 

A private employer may also have a possible cap exempt strategy when the H-1B worker will perform qualifying work at a cap exempt institution, and the arrangement satisfies the applicable legal standards. 

Cap exemption depends on the identity and structure of the employer, the worksite, the duties, and the relationship between the position and the qualifying organization. 

An employer should not assume that nonprofit status alone creates an H-1B cap exemption. 

The organization must satisfy the applicable immigration definition and provide supporting evidence. 

Can a Previously Counted H-1B Worker Change Employers?

Possibly. 

A beneficiary who was previously counted against the H-1B cap may be able to change employers without participating in another lottery. 

The new employer must file a qualifying Form I-129 petition, and the beneficiary must remain eligible for the requested H-1B classification. 

Certain eligible H-1B workers may begin working for a new employer after USCIS receives a properly filed, nonfrivolous change of employer petition. 

The prior cap count, remaining H-1B time, maintenance of status, employment history, and any international travel should be reviewed before the worker changes employment. 

A person who was merely selected in a previous lottery but never obtained approved H-1B status may not necessarily be considered counted against the cap. 

Can a Beneficiary Register Again for Fiscal Year 2028?

A beneficiary who was not selected for fiscal year 2027 may be registered for a future H-1B cap season if an eligible employer offers a qualifying position and completes the registration process. 

USCIS will announce the fiscal year 2028 registration dates and requirements separately. 

Employers should not assume that the registration rules, fees, selection method, or required information will remain identical. 

The employer and beneficiary should begin preparing early by reviewing the proposed position, degree requirements, beneficiary qualifications, wage level, worksite information, and supporting documentation. 

Any future registration must be truthful and supported by a legitimate job offer. 

What Alternatives May Be Available After a Registration Is Not Selected?

A person who was not selected may have several possible alternatives. 

The appropriate strategy depends on the person’s circumstances and should not be based solely on a list of visa classifications. 

Possible options may include: 

  • Cap exempt H-1B employment 
  • 1 classification for individuals with extraordinary ability or achievement 
  • L-1 classification for qualifying intracompany transferees 
  • E-1 or E-2 classification for qualifying treaty traders or treaty investors 
  • TN classification for qualifying Canadian and Mexican professionals 
  • Employment authorization through F-1 optional practical training 
  • A science, technology, engineering, or mathematics optional practical training extension 
  • Employment authorization through another pending immigration benefit 
  • Family based immigration 
  • Employment based on permanent residence 
  • Consular processing for another qualifying classification 

Each option has different requirements. Some depend on nationality, employer structure, educational background, professional accomplishments, ownership, foreign employment, or an existing family relationship. 

What Should F 1 Students Do If They Were Not Selected?

An F-1 student should immediately review the expiration date of the current employment authorization document and the Form I-20. 

Students should also confirm whether they qualify for a science, technology, engineering, or mathematics extension, another academic program, a change of status, or another employment classification. 

Cap gap protection may apply to certain F-1 students when an employer timely files a qualifying cap subject H-1B petition requesting a change of status. 

A registration alone does not create cap gap protection. The employer generally must file the qualifying H-1B petition after selection. 

A student whose registration was not selected should not assume that employment authorization has been extended. 

The student should coordinate with the designated school official and an immigration attorney before the current authorization expires. 

What If the Employer Filed After Selection but the Petition Is Still Pending?

Reaching the annual cap does not mean that every pending petition has been approved. 

USCIS will continue adjudicating timely and properly filed fiscal year 2027 H-1B cap petitions. 

A pending petitioner may receive a Request for Evidence, Notice of Intent to Deny, approval notice, denial notice, or another case update. 

The employer should preserve the registration selection notice, filing receipt, labor condition application, offered position records, wage documentation, beneficiary credentials, and evidence concerning the employer employee relationship. 

The parties should also report material changes to counsel because a change in the position, worksite, wage, duties, or corporate structure may affect the petition. 

Can Premium Processing Improve the Chance of Approval?

No. 

Premium processing may provide faster USCIS action on an eligible Form I-129 petitions, but it does not improve the legal merits of the case. 

USCIS may approve the petition, deny it, issue a Request for Evidence, issue a Notice of Intent to Deny, or take another qualifying adjudicative action within the applicable premium processing period. 

Premium processing does not create a cap number, cure an invalid registration, or excuse missing evidence. 

The petition must independently establish eligibility. 

Can USCIS Revoke a Selected or Approved H-1B Case?

USCIS may deny or revoke a petition when the evidence does not establish eligibility or when the agency identifies fraud, misrepresentation, material error, or another legal basis for adverse action. 

The agency may compare the petition with the registration information. 

For fiscal year 2027, the petitioner was required to support the identifying information, position information, wage level, and other statements used in the registration. 

Material inconsistencies can create serious consequences for the employer and beneficiary. 

Employers should ensure that the position offered in the petition accurately reflects the employment opportunity identified during registration. 

What Should Employers Do After the Fiscal Year 2027 Cap Announcement?

Employers with pending petitions should continue monitoring their USCIS accounts and case notices. 

They should respond promptly to any Request for Evidence or Notice of Intent to Deny. 

Employers with approved petitions should coordinate the employees’ October 1, 2026, start date, change of status, consular processing, travel, Form I 9 requirements, and payroll compliance. 

Employers whose registrations were not selected should evaluate cap exempt opportunities, alternative visa classifications, future H-1B registration planning, and permanent residence sponsorship. 

A long-term immigration strategy may reduce reliance on a single annual registration process. 

How Spar and Bernstein Can Help With an H-1B Case

The absence of an additional fiscal year 2027 selection round does not necessarily end a beneficiary’s United States immigration options. 

The immigration attorneys at Spar and Bernstein assist employers and professionals with H-1B petitions, cap exempt filings, employer changes, Requests for Evidence, alternative employment classifications, adjustment of status, and employment based permanent residence. 

Learn more about the firm’s employment immigration services and H-1B visa services. 

An experienced attorney can determine whether a beneficiary was previously counted against the cap, evaluate whether an employer qualifies for a cap exemption, identify possible alternatives, and help prepare for the next registration season. 

The fiscal year 2027 H-1B cap has been reached, and USCIS did not announce an additional selection round. Employers and beneficiaries who were not selected should now focus on realistic alternative strategies and early preparation for future immigration opportunities. 

Frequently Asked Questions

Was There a Second H-1B Lottery for Fiscal Year 2027?

No. USCIS did not announce a second selection round for fiscal year 2027. 

Did USCIS Reach the Fiscal Year 2027 H-1B Cap?

Yes. On July 17, 2026, USCIS announced that it had received enough petitions to reach both the 65,000 regular cap and the 20,000 United States advanced degree exemption. 

Could USCIS Still Conduct Another Selection?

An additional ordinary selection appears unnecessary because USCIS has announced that the fiscal year 2027 cap was reached. Applicants should rely on official USCIS announcements rather than online predictions. 

Does Selected Mean the H-1B Petition Was Approved?

No. Selection only permitted the prospective employer to file a cap subject H-1B petition during the designated filing period. 

Can an Unselected Registration Be Used Next Year?

No. A fiscal year 2027 registration cannot be transferred to the fiscal year 2028 selection process. The employer must submit a new registration during the future registration period. 

Can Another Employer Use the Same Selection?

Generally, no. The selection belongs to the prospective petitioner and beneficiary identified in the registration. Another employer cannot take over that selection. 

Can a Cap Exempt Employer File Without a Lottery Selection?

Potentially. A qualifying cap exempt employer may file an H-1B petition without participating in the annual registration process. 

Can a Previously Counted H-1B Worker Avoid the Lottery?

Possibly. A beneficiary who was previously counted against the cap and remains eligible for H-1B time may be able to obtain an extension or change employers without another selection. 

Legal Disclaimer

This article provides general information and does not constitute legal advice. H-1B eligibility depends on the employer, offered position, beneficiary’s qualifications, immigration history, prior cap count, and the law and policy in effect when the petition is filed.