H-1B Visa 2026: The First Wage-Weighted Cap Year Begins October 1. What Employers Must Verify, Document, and File

The FY2027 H-1B cap year begins on October 1, 2026. It is the first cap year governed by the new wage-weighted selection process. The rule changes how USCIS selects cap-subject registrations, but it does not eliminate eligibility for lower-wage positions.

Employers must now treat the H-1B registration as the beginning of a documented compliance process. The offered wage, Standard Occupational Classification (SOC) code, work location, Labor Condition Application (LCA), and petition evidence must be consistent.

The Department of Homeland Security published the final rule, “Weighted Selection Process for Registrants and Petitioners Seeking To File Cap-Subject H-1B Petitions,” on December 29, 2025. The rule appears at 90 FR 60864 and became effective on February 27, 2026. It applies to the FY2027 H-1B registration season.

How the FY2027 Wage-Weighted H-1B Selection Process Works

When USCIS receives more registrations than needed to meet the numerical allocations, it conducts a weighted selection among unique beneficiaries. USCIS assigns each registration the highest Department of Labor Occupational Employment and Wage Statistics (OEWS) wage level that the offered wage meets or exceeds for the relevant SOC code and area of intended employment.

Each wage level receives a corresponding number of entries:

These probabilities are estimates. They are not guaranteed selection rates.

All four wage levels remain eligible. A Level I registration receives fewer entries, but it is not automatically excluded. The system also applies to beneficiaries seeking the advanced degree exemption.

The FY2027 statutory allocation remains:

• 65,000 H-1B visas under the regular cap.
• 20,000 additional visas for beneficiaries with a qualifying U.S. master’s degree or higher.

The weighted system changes the selection method. It does not increase the statutory cap.

Employer and HR Verification Checklist

Employers should complete the following review before relying on a selected registration.

1. Confirm the wage level and supporting wage data

The employer must verify that the offered wage meets or exceeds the OEWS wage level reported at registration. The review should identify:

• The applicable SOC code.
• The area of intended employment.
• The OEWS wage data used.
• The offered wage stated at registration.
• Any wage range and its lowest amount.
• Each intended worksite or employment location.
• The basis for selecting the reported wage level.

If the beneficiary will work in multiple locations, the applicable registration analysis may be governed by the lowest corresponding wage level. Employers must not select a higher level based only on a temporary or minor worksite if the principal employment will occur elsewhere.

The employer must retain the wage research and supporting analysis. A later petition should establish the basis for the wage level as of the date the underlying registration was submitted.

2. Match the registration, LCA, and Form I-129

The H-1B petition should generally match the selected registration. At minimum, the employer should compare:

• Beneficiary name, date of birth, citizenship, and passport information.
• SOC code.
• Position title and duties.
• Area of intended employment.
• Offered wage.
• Requested employment start date.
• Employer and petitioner information.
• Regular-cap or advanced-degree exemption classification.

USCIS requires the petition to contain the same identifying and position information, including the SOC code, provided in the selected registration and reflected on the LCA. The proffered wage must equal or exceed the prevailing wage corresponding to the wage level reported at registration.

A legitimate change may be possible in certain circumstances. However, the employer must explain the change and provide supporting evidence. An unexplained mismatch, inadequate documentation, or missing evidence can result in rejection or denial.

Employers should also remember that the registration wage level and the LCA wage-level analysis may serve different purposes. Counsel should review the relationship between the proffered wage, position requirements, prevailing wage, actual wage, and registration data before filing.

3. Maintain the LCA public access file

The wage-weighted process increases the importance of the employer’s existing LCA records. The employer should maintain a complete public access file containing applicable documentation, including:

• The certified LCA.
• The wage rate paid to the H-1B worker.
• The prevailing wage source or determination.
• The actual wage system and documentation.
• The basis for the wage offered.
• Notices provided to workers or bargaining representatives, when applicable.
• Worksite and posting records.
• Records showing compliance with the LCA attestations.

The employer must be able to demonstrate that the wage stated in the petition is supported by the underlying employment records. A registration should not state a wage that the employer does not intend or cannot lawfully pay.

4. Audit worksite and position documentation

The petition must establish a bona fide specialty-occupation position. Employers should preserve:

• A detailed job description.
• Organizational charts.
• Contracts, statements of work, or client documentation when relevant.
• Worksite addresses.
• Supervision and reporting information.
• Evidence of the employer’s ability to pay the offered wage.
• Degree requirements and job qualifications.
• Recruitment or internal approval records supporting the position.

Remote and hybrid arrangements require particular attention. The employer must identify the locations where the beneficiary will perform services and assess whether an amended petition or new LCA is required after a material change.

5. Prevent duplicate or improper registrations

Employers must coordinate with related entities, outside recruiters, and immigration vendors to prevent multiple or duplicative registrations for the same beneficiary.

Each unique beneficiary counts only once toward the numerical allocation. Multiple registrations do not create an unlimited selection advantage. USCIS may deny or revoke multiple or duplicative petitions filed for the same beneficiary, including petitions filed by related entities without a legitimate business need. Filing fees may not be refunded.

The employer should maintain a centralized registration log that records:

1. The beneficiary.
2. The sponsoring entity.
3. Any related entities involved.
4. The SOC code and worksite.
5. The wage level.
6. The registration confirmation number.
7. The filing status and responsible legal team.

FY2027 Filing Requirements

A selected FY2027 cap-subject petition must request an employment start date of October 1, 2026, or later. USCIS generally does not accept the petition more than six months before the requested start date.

The filing should include, as applicable:

• Form I-129, Petition for a Nonimmigrant Worker.
• The H-1B Registration Selection Notice.
• The correct beneficiary confirmation number.
• A certified LCA, Form ETA 9035.
• Evidence supporting the selected wage level.
• Evidence of the beneficiary’s passport or travel document used during registration.
• Educational credentials and translations.
• Evidence of a bona fide specialty-occupation position.
• Required filing fees and supplements.
• Form G-28 if represented by counsel.

The employer must use the correct USCIS form edition, filing location, and fee amounts. An incorrect fee can result in rejection.

Other October 2026 Risks for Employers

Executive Order 14431 and layoff-related review

Executive Order 14431, signed September 18, 2026, and published at 91 FR 60501 on September 23, 2026, directs the Departments of State, Labor, and Homeland Security to consider whether an H-1B sponsor:

• Engaged in layoffs during the previous year.
• Plans future layoffs.
• Has affected similarly situated U.S. workers.

The order does not ban H-1B sponsorship. It increases review risk for employers whose H-1B filings occur alongside workforce reductions or whose records suggest replacement of U.S. workers.

The Department of Labor’s Wage and Hour Division must begin reviewing previously submitted LCA data within 30 days, or approximately October 18, 2026, to determine whether further action under INA § 212(n)(2)(G) is warranted.

Employers should coordinate immigration, HR, payroll, workforce planning, and legal departments before filing new H-1B petitions during a restructuring or reduction-in-force.

$100,000 payment remains subject to litigation

The September 18, 2026 proclamation extends the $100,000 payment requirement for certain H-1B petitions through September 2027. However, court orders currently block implementation, and USCIS is not collecting the payment as of October 1, 2026.

This requirement is not currently in effect. Its status remains subject to litigation and further government guidance. Employers should not rely on summaries or outdated filing checklists when preparing a petition.

FY2027 inflation-adjusted immigration fees

USCIS published an inflation adjustment notice on October 1, 2026, at 91 FR 62540, CIS No. 2879-26. The adjustments apply to covered requests postmarked on or after October 16, 2026. Incorrect fees will result in rejection.

The announced changes include:

• Annual Pending Asylum Application Fee: $102 to $105.
• Form I-131 immigration parole fee: $1,020 to $1,050.
• Initial asylum, parole, and TPS EAD fee under Form I-765: $560 to $570.
• Form I-821 TPS fee: $510 to $520.

Unchanged amounts include the $100 Form I-589 asylum fee, $275 asylum EAD renewal fee, $280 parole and TPS EAD renewal fee, $250 SIJ Form I-360 fee, and $24 I-94 fee.

These adjustments are separate from the standard H-1B petition filing fees. Employers should confirm the applicable fee schedule for each filing.

What the New Selection Process Means for Foreign Workers and Families

The wage-weighted system improves the relative selection prospects for beneficiaries whose offered wages correspond to OEWS Levels II, III, or IV. It reduces the estimated probability for Level I positions, but Level I remains eligible.

Foreign workers should ask the sponsoring employer to confirm:

• The SOC code used.
• The work location.
• The offered wage.
• The wage level reported at registration.
• Whether the employer has submitted a consistent petition.
• Whether the worker’s current status permits a change of status or requires consular processing.

A U.S. master’s degree or higher may provide eligibility for the advanced degree exemption, but it does not guarantee selection. Spouses and children should also obtain individualized advice regarding dependent status, travel, employment authorization, and timing.

Pending Litigation and Non-Effective Proposals

Employers should distinguish between effective rules, blocked measures, and proposals.

The wage-weighted selection rule is effective and applies to FY2027. The $100,000 payment requirement is currently blocked and not being collected. Any proposed H-1B fee or wage rule that has not completed the required rulemaking process is not automatically effective.

Employers should not change compensation structures, terminate sponsorship plans, or submit inconsistent registrations based solely on proposed policies or unofficial reports.

How Blasingame Law LLC Can Assist

The FY2027 H-1B process requires more than submitting a registration. Employers must create a defensible record connecting the registration, wage analysis, LCA, public access file, worksite information, and petition.

Blasingame Law LLC brings more than 30 years of corporate and private immigration practice to business immigration and workforce compliance matters. The firm provides personalized guidance to employers, HR departments, and foreign professionals addressing H-1B sponsorship, work visas for foreign employees, LCA compliance, I-9 compliance, audits, RFEs, and complex filing issues.

Contact Blasingame Law LLC or schedule a consultation before filing or modifying an FY2027 H-1B case. A business immigration attorney should review the facts, documentation, and current government guidance for each matter.