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23 July 2026

USCIS Confirms FY2027 H-1B Cap Has Been Reached: What It Means For Employers, Foreign National Employees

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U.S. Citizenship and Immigration Services has confirmed that the FY2027 H-1B visa cap has been reached, meaning no additional lottery will be conducted this fiscal year. Employers and foreign workers who were not selected in the initial lottery must now explore alternative visa pathways or wait until the FY2028 registration period opens in early 2027.
United States Immigration
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On July 18, 2026, U.S. Citizenship and Immigration Services (USCIS) announced that it received sufficient H-1B petitions to reach both the 65,000 regular H-1B cap and the 20,000-U.S. advanced degree exemption (master’s cap) for fiscal year 2027.

Because the statutory cap has been met, USCIS will not conduct an additional H-1B lottery this FY.

No Second H-1B Lottery for FY2027

In prior years, USCIS conducted additional H-1B selection rounds when an insufficient number of initially selected beneficiaries filed petitions to meet the annual cap. Those supplemental lotteries provided another opportunity for registrants not selected in the initial lottery.

This year, however, USCIS confirmed that it received enough petitions to satisfy both the regular cap and the master’s cap.

What This Means for Individuals Not Selected

Individuals whose registrations were not selected in the initial FY2027 lottery will not have another opportunity to be selected this FY. They will need to wait until the FY2028 H-1B registration period, which is expected to open in early 2027, provided they remain eligible and have a sponsoring employer prepared to submit a new registration.

The announcement also highlights the continued competitiveness of the H-1B program. Demand for H-1B visas continues to far exceed the number of visas available under the annual statutory cap.

Planning Ahead

Employers that were unable to secure H-1B selection should evaluate alternative immigration options as early as possible. Depending on the employee’s qualifications and circumstances, potential alternatives may include:

  • Cap-exempt H-1B employment through qualifying institutions.
  • O-1 classification for individuals with extraordinary ability.
  • L-1 intracompany transferee visas for multinational employers.
  • TN status for eligible Canadian and Mexican professionals.
  • E-3 visas for qualifying Australian nationals.
  • Other employment-based immigration options suited to the individual’s circumstances.

Employers may also wish to begin planning for the FY2028 H-1B registration season by assessing future hiring needs and identifying prospective candidates in advance of the registration period.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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