H-1B FY 2027: Wage-Weighted Lottery & $100K Fee Court Challenge—What's New
The FY 2027 H-1B lottery marked a historic shift: wage-weighted selection is now live, but a federal court ruling in June 2026 struck down the $100,000 visa fee. Here's what you need to know before filing.
The FY 2027 H-1B Lottery: A Historic Shift
The fiscal year 2027 H-1B cap lottery became the first to use a wage-weighted selection process, which replaced the purely random lottery system. USCIS selected enough beneficiaries with properly submitted registrations to reach the H-1B cap and notified all prospective petitioners with selected beneficiaries.
This change fundamentally altered your odds. The rule implements a weighted selection process that favors allocating H-1B visas to higher-skilled and higher-paid aliens while maintaining the opportunity for employers to secure H-1B workers at all wage levels. In practical terms: higher-wage positions get more lottery entries, giving you a better shot at selection if your role pays at the Level 3 or 4 threshold.
How the Wage-Weighted System Works
Under the new selection process, registrations are weighted by OEWS wage level: Level 4 Wages receive 4 entries in the lottery, Level 3 gets 3 entries, and Level 2 gets 2 entries. This means if you're registered at Level 4, you have four times the chance of selection compared to Level 1.
The implication is straightforward: employers offering higher compensation increase your selection probability. If you're negotiating offer terms, wage level now directly impacts your H-1B odds.
The $100,000 Fee: Court Ruling Strikes It Down
On June 8th 2026, a federal judge struck down the $100,000 H-1B visa fee, ruling it unlawful. The Department of Homeland Security has appealed the ruling, so the policy's future remains uncertain as the case continues through the courts.
This fee was introduced via presidential proclamation in September 2025 and applied to new H-1B petitions filed for workers abroad or those ineligible for change of status. It represented a significant cost barrier for employers sponsoring international talent, particularly those hiring from outside the US.
At the time the appeal was filed, the $100,000 fee remained in effect, and if an employer filed a case while the beneficiary is outside the US or the beneficiary travels outside the country while the case is pending, it would trigger the $100,000 fee. Until the courts resolve the appeal, assume the fee may still apply—but check the latest USCIS guidance before submitting your petition.
FY 2027 Lottery Results: Cap Met in March
On March 31, 2026, USCIS announced that they had selected enough beneficiaries from properly submitted electronic registrations to meet the H-1B regular cap and the U.S. advanced degree exemption for fiscal year 2027, bringing the 2027 FY H-1B cap season to a close.
This means the initial lottery filled all 85,000 cap slots (65,000 regular + 20,000 advanced degree). Petitioners had ninety days, beginning on April 1, 2026, to file a completed H-1B petition for each selected beneficiary, with employment in H-1B status able to begin no earlier than October 1, 2026.
Key Dates & Filing Requirements for Selected Candidates
H-1B cap selection notices indicated an April 1 to June 30, 2026 petition filing period. If you were selected in the initial lottery, this window is critical—missing it voids your selection and loses your visa number.
Effective April 1, USCIS mandated the use of a new form requiring employers to answer detailed questions about the minimum job requirements of the beneficiary's position. These questions must be answered with thoughtfulness and care. The new Form I-129 (edition 02/27/26) includes five additional questions on education, experience, and job qualifications that USCIS adjudicators are now cross-referencing against Department of Labor wage-level analysis, creating new RFE (Request for Evidence) risks.
What This Means for Your Job Search Strategy
Three takeaways for international job seekers:
- Target higher-wage roles. Under the wage-weighted system, Level 3 and Level 4 positions dramatically improve your selection odds. Negotiate aggressively on salary—it directly affects your lottery chances.
- Monitor the $100K fee litigation. Until the court appeal is resolved, assume the fee applies to overseas hires and change-of-status denials. Factor this into your employer negotiations.
- Be thorough on Form I-129. The new questions are scrutinized closely. Work with your immigration counsel to ensure job descriptions, minimum requirements, and wage levels align without triggering RFEs.
In March 2026, DOL published a proposed rule that will significantly raise the required prevailing wage, with increases of 21% to 33% depending on a worker's experience level. This rule is still in the comment period, but expect wage thresholds to climb—making it even more critical to secure sponsorship before costs rise further.
Second Lottery Possible—Stay Alert
If USCIS does not receive enough H-1B cap petitions for unique beneficiaries during the filing period to meet the 85,000 H-1B annual limit, the agency may conduct one or more subsequent lottery selections to reach the limit. Although the first round filled quickly, unfiled selections could open a second round opportunity later in the summer.