FY2027 H-1B Cap Season: Frequently Asked Questions
Below are answers to frequently asked questions about the FY2027 H-1B cap lottery, filing period, and related policy changes. For the full alert, please see our recent update on the FY2027 H-1B cap lottery results.
Was the H-1B lottery random this year?
No. For the FY2027 cap season, USCIS replaced the longstanding random lottery with a wage-weighted selection process, giving foreign nationals being offered higher salaries better odds of selection.
How do I find out if my employee was selected in the FY2027 lottery?
Employers and their counsel can log into their my.USCIS.gov accounts to view the status of each registered beneficiary. If you are a Goeschl Law client, we have already begun notifying you of your results directly.
When can H-1B cap petitions be filed for FY2027?
USCIS will accept H-1B cap-subject petitions for selected beneficiaries from April 1, 2026 through June 30, 2026.
Do I need to be present in the United States at the time of filing?
Yes. For a change of status H-1B petition, the beneficiary must be physically present in the United States at the time the petition is filed and must maintain valid status while the petition is pending.
What happens if my address changes during the H-1B process?
If a beneficiary’s address changes while an H-1B petition is pending or after approval, it is important to notify your attorney promptly to discuss impact.
Is it safe to travel internationally while my H-1B change of status petition is pending?
No. Departing the United States while a change of status petition is pending will result in the abandonment of the change of status request, and will trigger the additional $100,000 fee. If travel is unavoidable, please contact your attorney immediately before making any travel plans so we can assess your options.
Does the $100,000 H-1B fee apply to my petition?
For change of status petitions, the $100,000 fee does not apply provided that the employee has maintained valid status and has not left the US while the petition is pending. The fee applies to certain petitions filed on or after September 21, 2025 where the beneficiary is outside the US or seeking reentry. Please refer to our full guidance on the $100,000 fee for a complete breakdown of which petitions are subject to the fee and how to request a national interest exception.
What is a ‘cap-gap’ extension, and does it apply to me?
A cap-gap extension automatically extends the status and work authorization of F-1 students whose OPT period expires before their H-1B start date of October 1. If you are an F-1 student on OPT selected in the FY2027 lottery, cap-gap extension allows you to remain in the US and continue working through March 31, 2027, provided your H-1B change of status petition was timely filed before your OPT EAD expired.
Is there a possibility of a second lottery for FY2027?
Yes. If USCIS does not receive enough petitions to meet the annual cap by June 30, unselected registrations remaining in reserve may be drawn upon in a subsequent lottery. We will notify clients of any updates as they become available.
If you have additional questions about the FY2027 H-1B cap season, please do not hesitate to contact our firm.