FY 2027 H-1B Cap: Wage-Weighted Registration Opens March 4, 2026

 

USCIS just announced that the FY 2027 H-1B cap registration will open on March 4, 2026.  For this season, USCIS introduces a significant shift to a wage-weighted selection process. Below is a summary of the key dates for the current cap filing season: 

FY 2027 H-1B Cap Key Dates (Current Season)

Milestone	Specific Date / Window
Job Offers Made. Collection and Review of Case Documents	January – March 18, 2026
Organizational Account Creation	Ongoing / Open Now. Employers should create accounts early.
Registration Period Opens	March 4, 2026 (12:00 p.m. ET).
Registration Period Closes	March 19, 2026 (12:00 p.m. ET).
Announcement of Results	By March 31, 2026.
Petition Filing Period	April 1, 2026 – June 30, 2026 (expected 90-day window).
Earliest Employment Start Date	October 1, 2026.

Historically, the registration window has consistently opened in early March, but specific dates vary slightly each year. 

The Key Requirements for FY 2027 include the following: 

• Weighted Selection: The new system favors higher-skilled and higher-paid individuals. Beneficiaries offered a Level 4 wage receive four entries in the lottery, while those at Level 1 receive only one.

• Fees: Employers must pay a non-refundable $215 registration fee per beneficiary during the March window.

• Proclamation Fee: A new $100,000 fee may apply to certain petitions selected in the lottery if they are subject to the September 19, 2025, Presidential Proclamation. This generally does not apply foreign nationals currently in the U.S. filing for a change of status.

• Wait Until March 4: While representatives can add clients to their accounts now, neither employers nor representatives can enter specific beneficiary info or submit the registration until the window opens on March 4.

As always, early preparation and planning is key to a successful H-1B filing.  Employers and employees should work with their immigration counsel to identify and address any potential issues of the case before registering the case in the system.  Given the new wage-weighted selection process, critical factors such as job classification (SOC code), intended work location, and the offered salary must be finalized early.  Any mistake or inaccurate information could lead to a denial of the petition. 

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

Urgent Update: U.S. State Department Suspends Immigrant Visa Processing for 75 Countries

January 14, 2026

In a significant and sweeping shift in U.S. immigration policy, the Department of State announced today that it will indefinitely suspend the processing of immigrant visas for citizens of 75 countries.

The suspension, which is set to take effect on January 21, 2026, represents one of the most substantial restrictions on legal immigration in recent history. At Law Office of Paul Szeto, we understand how distressing this news is for families waiting to be reunited and for professionals planning their futures in the United States.

Below is a breakdown of what we know so far and what this means for you.

Why Is This Happening?

According to the official statement from the State Department, led by Secretary of State Marco Rubio, the pause is intended to allow for a comprehensive reassessment of screening and vetting procedures.

The administration has cited concerns regarding the "Public Charge" rule, suggesting that the suspension is necessary to prevent the entry of foreign nationals who may require public assistance or "welfare benefits" upon arrival. This move follows a directive issued in November 2025 that tightened scrutiny over an applicant’s age, health, financial status, and English proficiency.

Who Is Affected?

While the State Department has not yet released the final, formal list of all 75 nations to the public, internal memos and news reports have identified a wide range of affected countries across Africa, Asia, the Middle East, and South America.

Countries reportedly on the list include, but are not limited to:

• Middle East/Asia: Afghanistan, Iran, Iraq, Pakistan, Thailand, Yemen, Syria, and Lebanon.

• Europe: Russia, Belarus, Albania, and Bosnia.

• Africa: Somalia, Nigeria, Egypt, Ethiopia, Ghana, and Senegal.

• Americas: Brazil, Colombia, Guatemala, Haiti, and Jamaica.

A complete listing of the 75 countries as reported by the media are listed at the end. 

Important Note: This suspension currently applies only to Immigrant Visas (those seeking permanent residency/Green Cards). Non-immigrant visas—such as temporary tourist (B1/B2), student (F-1), or business visas—are reportedly not included in this specific suspension at this time. 

Generally, those who already have a valid, issued visa in their physical possession are not expected to be affected by the processing pause, though they may face heightened scrutiny at Ports of Entry.

What Should You Do Now?

If you or a family member are currently in the process of applying for an immigrant visa from one of the affected countries, here are our recommendations:

1. Do Not Panic, But Act Quickly: If you have an interview scheduled before January 21, ensure you attend and have all documentation (especially financial sponsorship forms like the I-864) perfectly organized.

2. Review Financial Sponsorship: Given the focus on "public charge" concerns, ensure your petitioners meet and exceed the income requirements.

3. Consult with Legal Counsel: The landscape is changing daily. A "pause" in processing does not necessarily mean your case is canceled, but it may require a strategic shift in how we approach your filing or look for potential exceptions (such as those for religious minorities or specific humanitarian cases).

How We Can Help

Our office is monitorng the situation in Washington D.C. and at consulates worldwide in real-time. We are prepared to help our clients navigate these new hurdles, from filing for "National Interest" exceptions to ensuring that every application is "public charge" proof.

The 75 countries affeced, as reported by the media, are: 

Afghanistan, Albania, Algeria, Antigua and Barbuda, Armenia, Azerbaijan, Bahamas, Bangladesh, Barbados, Belarus, Belize, Bhutan, Bosnia, Brazil, Burma, Cambodia, Cameroon, Cape Verde, Colombia, Congo, Cuba, Dominica, Egypt, Eritrea, Ethiopia, Fiji, Gambia, Georgia, Ghana, Grenada, Guatemala, Guinea, Haiti, Iran, Iraq, Ivory Coast, Jamaica, Jordan, Kazakhstan, Kosovo, Kuwait, Kyrgyzstan, Laos, Lebanon, Liberia, Libya, Macedonia, Moldova, Mongolia, Montenegro, Morocco, Nepal, Nicaragua, Nigeria, Pakistan, Republic of the Congo, Russia, Rwanda, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Senegal, Sierra Leone, Somalia, South Sudan, Sudan, Syria, Tanzania, Thailand, Togo, Tunisia, Uganda, Uruguay, Uzbekistan and Yemen.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

February 2026 Visa Bulletin: EB-3 Cutoff Dates Advance

   

In February, the cut-off dates for most countries remain the same for both family-based and employment-based categories. There is mild advancement for Mexico F1 and F2B, as well as worldwide EB-3, except for China and India. 

USCIS will continue to accept I-485 Adjustment of Status (green card) applications for both family-sponsored and employment-based categories based on the Dates for Filing chart. Applicants who are eligible to file may begin preparing for the filings when February comes. 

AD: Dates for Final Action (Green Card Approval)  

FD: Dates for Filing Applications Only

Family-based		Other Countries	China	India	Mexico	Philippines
F1	AD	11/08/2016	11/08/2016	11/08/2016	12/22/2006	03/01/2013
	FD	09/01/2017	09/01/2017	09/01/2017	12/01/2007	04/22/2015
F2A	AD	02/01/2024	02/01/2024	02/01/2024	02/01/2023	02/01/2024
	FD	01/22/2026	01/22/2026	01/22/2026	01/22/2026	01/22/2026
F2B	AD	12/01/2016	12/01/2016	12/01/2016	02/15/2009	12/22/2012
	FD	03/15/2017	03/15/2017	03/15/2017	02/15/2010	10/01/2013
F3	AD	09/08/2011	09/08/2011	09/08/2011	05/01/2001	03/01/2005
	FD	07/22/2012	07/22/2012	07/22/2012	07/01/2001	02/01/2006
F4	AD	01/08/2008	01/08/2008	11/01/2006	04/08/2001	07/22/2006
	FD	03/01/2009	03/01/2009	12/15/2006	04/30/2001	01/15/2008

1st: Unmarried Sons and Daughters of Citizens (about 23,400 per year).
2A: The 2 “A” preference is for Spouses and Children (under 21 & unmarried) of LPR's.
2B: The 2 “B” Preference is for Unmarried Sons and Daughters (21 or older) of LPR's.
3rd: Married Sons and Daughters of Citizens (about 23,400 per year)
4th: Brothers and Sisters of Adult Citizens. (about 65,000 per year)

Employment-based		Other Countries	China	India	Mexico	Philippines
EB-1	AD	C	02/01/2023	02/01/2023	C	C
	FD	C	08/01/2023	08/01/2023	C	C
EB-2	AD	04/01/2024	09/01/2021	07/15/2013	04/01/2024	04/01/2024
	FD	10/15/2024	01/01/2022	12/01/2013	10/15/2024	10/15/2024
EB-3	AD	06/01/2023	05/01/2021	11/15/2013	06/01/2023	06/01/2023
	FD	10/01/2023	01/01/2022	08/15/2014	10/01/2023	10/01/2023
Other Workers	AD	09/01/2021	12/08/2018	11/15/2013	09/01/2021	09/01/2021
	FD	12/01/2021	10/01/2019	08/15/2014	12/01/2021	12/01/2021
EB-4*	AD	01/01/2021	01/01/2021	01/01/2021	01/01/2021	01/01/2021
	FD	03/15/2021	03/15/2021	03/15/2021	03/15/2021	03/15/2021
EB-5*	AD	C	08/15/2016	05/01/2022	C	C
	FD	C	08/22/2016	05/01/2024	C	C

1st: Priority Workers (Extraordinary ability aliens, multinational companies' executives/managers, outstanding prof./researchers)
2nd: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability.
3rd: Skilled Workers, Professionals, and Other Workers (Unskilled.)
4th: “Special Immigrants” (Religious & others) *Visa numbers for certain religious workers is "Unavailable"
5th: Employment Creation (Investors)
*China and India EB-5 visa numbers for rural, high unemployment & infrastructure areas/projects are current.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

Applicants May No Longer Request for SSN in I-765

 

In the most recent edition of Form I-765, dated 08/21/2025 (released on 01/05/2026) application for employment authorization document (EAD), USCIS removes the questions regarding request for a U.S. Social Security Number (SSN) on the form.   In effect, EAD applicants may no longer request a SSN when applying for an EAD.  Reportedly, even before this announcement, the Social Security Administration has already stopped issuing SSN since spring 2025. 

Instead, EAD applicants must appear in person at a local Social Security Administration office to apply for a Social Security Number/Card.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

H-1B Lottery - Weighted Selection Process

 

The Department of Homeland Security (DHS) published a final rule in the Federal Register on December 29, 2025, which fundamentally changes the H-1B selection process. This rule replaces the traditional random lottery with a "weighted selection process" that prioritizes higher-paid and higher-skilled workers.

The new system is scheduled to take effect on February 27, 2026, meaning it will apply to the FY 2027 cap season (registration typically occurring in March 2026).

The Change: From Random to Weighted

Instead of every registration having an equal chance, the odds of being selected will now depend on the Department of Labor (DOL) Wage Level associated with the job offer.
The lottery pool will assign "entries" to each beneficiary based on their offered salary relative to the Occupational Employment and Wage Statistics (OEWS) data:

• Wage Level IV (Highest): 4 entries in the pool.
• Wage Level III: 3 entries in the pool.
• Wage Level II: 2 entries in the pool.
• Wage Level I (Entry): 1 entry in the pool.

A Level IV applicant is statistically four times more likely to be selected than a Level I applicant.  For beneficiaries with multiple intended work locations, the employer must determine the wage level (I through IV) for the offered salary at each location. The lottery weighting will then be based on the lowest of those levels. It is important to note that this wage can be different from the LCA wage.

Impact on Master Cap

One critical change is that the 20,000 additional slots for U.S. advanced degree holders will now also follow the weighting system. Historically, advanced degree holders were entered twice: once in the regular cap and once in the master's cap. Now, their "weight" is applied to both pools.  For example, if a Master's degree holder is offered a Level III wage, they are entered into the Regular Cap (65,000) with 3 entries; if not selected, they are enterted into the Master's Cap (20,000) with 3 entries. 

Safeguards Against "Gaming"

To prevent employers from artificially inflating wage levels just to win the lottery, the rule includes several strict provisions:

• Continuation of "Beneficiary-Centric" Selection:  Each person is entered into the selection process only once, regardless of how many employers submit a registration for them. 
• Registration Data Requirements: Employers must now provide the specific SOC code (job category), the OEWS wage level, and the precise area of employment at the registration stage.
• Post-Selection Verification: If selected, the employer must submit evidence that the wage level indicated during registration is bona fide. USCIS has the discretion to deny or revoke petitions if they find inconsistencies or attempts to manipulate the odds.

Early Preparation is the Key

The new weighted selection process means employers must be more vigilant in preparing for the H-1B lottery. It is critical to evaluate cases with immigration counsel early, focusing on the following:

• Formally determine the SOC code and wage level before March registration based on the exact work location(s), as these will be locked into the USCIS system and must match the subsequent petition exactly to avoid denial.
• Maintain contemporaneous proof of prevailing wage data and job descriptions used to justify the selected level.
• Ensure the beneficiary maintains valid status to remain eligible for Change of Status (COS). If the petition must be filed for Consular Notification due to a status gap, the $100,000 supplemental fee will be triggered.
• Be ready to explain any subsequent changes in salary, work location, job titles, etc., to avoid allegations of fraud.
• Audit the current pay scale of employees in the same occupation category to avoid potential pay equity issues.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)