Immigration Insights

The initial registration period for the fiscal year (FY) 2027 H-1B lottery is expected to begin in early March 2026 and remain open for at least 14 calendar days. This post outlines key steps in the registration process and explains the new weighted selection system that will apply for the first time this season.

Registration Process and Fee

To participate in the H‑1B lottery, employers must complete several preliminary steps:

1. Create a myUSCIS Account: Both employers and their attorneys must create accounts on myUSCIS.gov to access the electronic registration system.
2. Coordinate With Legal Counsel: Employers working with immigration counsel will need to coordinate electronically with their attorney throughout the registration process.
3. Submit an Electronic Registration: Employers must register each prospective H‑1B beneficiary electronically and pay a nonrefundable $215 fee per registrant through the pay.gov portal. This fee is separate from any additional filing fees that may apply if the registration is selected.

Information Required for Registration

Each H‑1B registration must include:

• Employer’s name, federal employer identification number (FEIN), and address.
• Employer representative’s contact details.
• Employer’s attorney information (if applicable).
• Foreign worker’s full name, date of birth, country of birth, country of citizenship, gender, and passport number.
• Whether the foreign worker holds a master’s degree from a U.S. higher education institution.
• Foreign worker’s wage level information (wage level I–IV), as determined in consultation with immigration counsel.

USCIS may deny or revoke an H‑1B visa if the registration contains false information or if the registration fee is not properly paid. If selected, USCIS now allows a start date of October 1 or later, provided it falls within six months of the petition filing date.

New Weighted Selection Process

On December 29, 2025, the Department of Homeland Security (DHS) published a final rule creating a weighted selection process for cap‑subject H‑1B petitions that prioritizes higher‑paid workers. The rule takes effect on February 27, 2026, and will apply to the FY27 H‑1B cap registration season, which is expected to begin in early March 2026 and remain open for at least 14 calendar days.

This rule replaces the prior random lottery with a system that gives registrants with higher wage levels a greater chance of being selected. Wages are grouped into four Occupational Employment and Wage Statistics (OEWS) wage levels, ranging from entry‑level (Level I) to highly experienced positions (Level IV). A higher offered wage generally improves a registrant’s odds of selection.

If U.S. Citizenship and Immigration Services (USCIS) receives more registrations than needed to meet the annual cap, it will conduct a weighted selection based on the highest OEWS wage level that the beneficiary’s proffered wage meets or exceeds for the relevant job classification and location. Under the weighted system:

• Wage Level IV registrations receive four entries in the selection pool
• Wage Level III receive three entries
• Wage Level II receive two entries
• Wage Level I receive one entry

Despite the weighting, each beneficiary will still be counted only once toward the cap, regardless of how many registrations an employer files or how many times the beneficiary appears in the weighted pool. USCIS will also ensure each foreign worker receives only one chance in the lottery by verifying identity through passport or travel document information.

Note that the rule is expected to face legal challenges, which could delay or disrupt implementation.

Disclaimer:

This blog is a form of attorney advertising. Hodgson Russ LLP provides this information as a service to its clients and other readers for educational purposes only. Nothing in this blog should be construed as, or relied upon, as legal advice or as creating a lawyer-client relationship.