The H-1B visa 2026 process includes important changes to registration, selection, wage-level reporting, and employer compliance. The process also requires careful coordination among the employer, foreign worker, U.S. Citizenship and Immigration Services (USCIS), and the U.S. Department of Labor (DOL).
For calendar year 2026, employers are primarily dealing with the Fiscal Year (FY) 2027 H-1B cap season. USCIS opened the FY 2027 registration period on March 4, 2026, and closed it on March 19, 2026. USCIS has reported that it received enough petitions to reach the regular cap and the advanced degree exemption for FY 2027.
Employers and foreign workers must understand what the 2026 process means, what obligations continue after selection, and which alternatives may be available when a new cap-subject registration is not possible.
What the H-1B Visa Provides
The H-1B classification allows a U.S. employer to temporarily employ a foreign worker in a specialty occupation. A specialty occupation generally requires the theoretical and practical application of highly specialized knowledge and a bachelor’s degree or higher in a directly related specific specialty, or its equivalent.
Common H-1B occupations include:
- Engineering and technology positions
- Architecture
- Accounting and finance
- Business specialties
- Mathematics and physical sciences
- Education
- Medicine and health-related fields
- Certain legal and professional occupations
The H-1B petition must establish both that the position qualifies as a specialty occupation and that the worker meets the requirements for the position.
The H-1B classification is normally granted for an initial period of up to three years. An extension may generally be available for an additional three years, subject to applicable limitations and exceptions. Certain workers pursuing employment-based permanent residence may qualify for extensions beyond the normal six-year limit.
H-1B Visa 2026 and the FY 2027 Cap Timeline
The FY 2027 cap season is the relevant annual process for most new H-1B workers seeking employment beginning October 1, 2026, or later.
The principal dates were:
- March 4, 2026: The electronic registration period opened at noon Eastern Time.
- March 19, 2026: The registration period closed at 5:00 p.m. Eastern Time.
- March 31, 2026: USCIS intended to notify selected registrants.
- April 1, 2026: The earliest date selected employers could begin filing cap-subject H-1B petitions.
- Within 90 days after selection: The employer had to file the complete petition during the filing window shown on the selection notice.
- October 1, 2026, or later: The requested employment start date for a FY 2027 cap petition.
As of August 25, 2026, USCIS reports that it has received enough petitions to reach both the 65,000 regular cap and the additional 20,000 advanced degree exemption for FY 2027. Employers should not assume that a new cap-subject petition can still be filed merely because the calendar year has not ended.
The next cap season will require a new registration period and new USCIS instructions. Employers should begin planning well before the registration window opens.
The H-1B Registration and Selection Process
Cap-subject employers must first submit an electronic registration for each prospective beneficiary. A complete H-1B petition generally cannot be filed unless USCIS selects the registration for the specific beneficiary and fiscal year.
The FY 2027 process requires employers to provide more detailed information at the registration stage. This includes:
- Employer information
- Beneficiary identity information
- Passport or travel document information
- Offered wage
- Standard Occupational Classification (SOC) code
- Work location or locations
- Applicable Occupational Employment and Wage Statistics (OEWS) wage level
- Regular cap or advanced degree exemption information
Each registration carries a non-refundable $215 fee. Employers must use a USCIS organization or company account to participate in the registration process. An attorney may assist with preparation and submission, but the employer must maintain the appropriate organizational account.
USCIS also requires attestations under penalty of perjury. The registrant must confirm that:
- The information is complete, true, and correct.
- The registration reflects a bona fide job offer.
- The offered salary meets or exceeds the selected OEWS wage level for the applicable SOC code and work location.
- The registrant has not coordinated with another party to unfairly increase the beneficiary’s chance of selection.
An employer may submit only one registration for the same beneficiary in the same fiscal year. Duplicate registrations by the same employer can invalidate all registrations for that beneficiary. False attestations can lead to petition denial, revocation, and possible law-enforcement referral.
Wage-Weighted Selection Under the FY 2027 Process
Beginning with FY 2027, USCIS implemented a weighted selection process when the number of registrations exceeds available numbers.
The selection generally considers the highest OEWS wage level that the offered wage equals or exceeds for the relevant SOC code and area of intended employment. Registrations are entered into the selection pool according to the wage level:
- Wage Level I: One entry
- Wage Level II: Two entries
- Wage Level III: Three entries
- Wage Level IV: Four entries
Each unique beneficiary is counted only once toward the numerical allocation, even if multiple legitimate employers register that beneficiary.
The wage information submitted during registration is therefore a material part of the case strategy. Employers must not select a wage level that the offered salary cannot support. The registration information must also be consistent with the subsequent Labor Condition Application (LCA) and Form I-129 petition.
Eligibility Requirements for Employers and Foreign Workers
An employer and foreign worker must satisfy separate requirements.
Position requirements
The employer must show that:
- A bona fide position exists.
- The position involves specialty-occupation duties.
- The position normally requires a bachelor’s degree or higher in a directly related specific specialty, or its equivalent.
- The job duties, degree requirements, wage, SOC code, and work location are adequately documented.
A general statement that a position is professional is insufficient. The petition should explain the connection between the position’s specific duties and the required field of study.
Worker requirements
The foreign worker must generally show one of the following:
- A U.S. bachelor’s degree or higher in the required specialty.
- A foreign degree equivalent to the required U.S. degree.
- An unrestricted state license, registration, or certification where required.
- A combination of education, specialized training, and progressively responsible experience equivalent to the required degree.
Foreign education may require a credential evaluation. Documents that are not in English generally require certified English translations.
Some occupations also require a professional license before USCIS approves the petition. Employers should identify licensing requirements early because a missing license can result in a request for evidence or denial.
Employer Obligations After Selection
Selection is not approval. The employer must still file a complete petition and establish eligibility.
The petition package generally includes:
- Form I-129, Petition for a Nonimmigrant Worker
- The H Classification Supplement
- The H-1B Data Collection and Filing Fee Exemption Supplement
- A copy of the registration selection notice
- The beneficiary confirmation number
- A certified Form ETA-9035/9035E Labor Condition Application
- Evidence of the employer’s business and ability to support the position
- A detailed job description
- Evidence of the bona fide position
- Degree documents and translations
- Passport or travel document evidence
- Evidence supporting the selected wage level
- Evidence of current immigration status, if requesting a change or extension of status
The LCA requires the employer to attest that it will:
- Pay at least the required wage.
- Provide working conditions that do not adversely affect similarly employed workers.
- Confirm that no strike or lockout exists at the place of employment.
- Provide notice of the LCA filing as required.
The employer must also maintain a Public Access File containing required LCA-related records. Additional immigration compliance duties may apply depending on the employer’s workforce and business structure.
I-9 and Workforce Compliance
H-1B approval does not eliminate the employer’s Form I-9 obligations. Federal law requires employers to complete Form I-9 for each person hired for employment in the United States.
Employers must verify identity and employment authorization within the required time periods. HR teams should track:
- The H-1B worker’s authorized employment dates
- Form I-94 expiration information
- Approval notices
- Extensions and amendments
- Changes in work location
- Employment termination dates
- Any applicable grace period
Employers should also maintain consistent immigration and employment records. A mismatch between the H-1B petition, LCA, payroll records, job duties, and actual worksite can create compliance risk.
Cap-Exempt Options and Other Planning Considerations
Some employers are not subject to the annual H-1B cap. These may include qualifying:
- Institutions of higher education
- Affiliated or related nonprofit entities
- Nonprofit research organizations
- Government research organizations
A worker who has previously been counted against the H-1B cap may also be eligible for certain cap-exempt transfers, extensions, or new employment. However, moving from cap-exempt employment to cap-subject employment can require participation in a future lottery.
H-1B portability may allow an eligible H-1B worker to begin employment with a new employer after the new employer properly files a non-frivolous Form I-129 petition, subject to the statutory requirements. An H-1B worker who loses employment may have up to 60 consecutive days, or until the end of the authorized validity period if earlier, to pursue another option or depart the United States.
The immigration strategy may differ depending on whether the worker is inside or outside the United States. A petition may request:
- Change of status
- Consular notification
- Extension of stay
- Amendment of employment
- Employer portability
USCIS also continues to provide guidance regarding the additional $100,000 payment requirement associated with certain H-1B petitions under the 2025 presidential proclamation. Litigation and agency implementation may change. Employers should review the current USCIS H-1B specialty occupation guidance before filing a petition involving a worker outside the United States.
How Employers Should Prepare for the Next H-1B Season
Employers should begin preparation months before the next registration period. Recommended steps include:
- Identify current employees, students, and candidates who may require an H-1B work visa for foreign employees.
- Determine whether each position is cap-subject or cap-exempt.
- Review degree records, passport information, and immigration history.
- Analyze the job description, SOC code, wage, and work location.
- Evaluate whether the offered wage supports the applicable OEWS wage level.
- Establish internal procedures to prevent duplicate registrations.
- Create or verify the USCIS organizational account.
- Coordinate with counsel regarding LCA preparation and filing strategy.
- Review I-9, Public Access File, and immigration compliance procedures.
- Develop alternatives if the beneficiary is not selected or the cap is already closed.
An experienced business immigration attorney can help employers evaluate eligibility, prepare compliant filings, and identify alternatives. Foreign workers should consult an immigration lawyer before changing employment, traveling, or allowing their current status to expire.
Contact Blasingame Law LLC
The H-1B visa 2026 process requires advance planning and precise documentation. Blasingame Law LLC provides personalized business immigration representation for employers and foreign professionals, including H-1B strategy, petition preparation, workforce compliance, and long-term employment-based immigration planning.
Contact Blasingame Law LLC to schedule a consultation regarding your H-1B case or organizational immigration needs.
This article provides general legal information and does not constitute legal advice. Immigration rules, agency procedures, fees, deadlines, and litigation may change. The outcome of an H-1B matter depends on the specific facts and documentation. Consult a qualified immigration lawyer for advice regarding an individual case.
