H-1B visa registration ends for FY 2027: What’s next?
As the H-1B registration period for this season ended on March 19, 2026, the second phase of the process began. USCIS will conduct the selection process, lottery notification is expected by March 31, 2026. Selected employers can file H-1B petitions from April 1 to June 30, 2026. For those selected in the lottery, a window between April 1 and June 30 will determine whether a case is approved, delayed through a request for evidence (RFE), or outright rejected.The earliest employment start date for approved petitions is October 1. This is the first time that the lottery will not be conducted randomly and will be based on salary. For each selected candidate, companies must pay a $100,000 fee.
What should the petitioners do now?
- With increasing scrutiny on the entire H-1B process, petitioners, companies who wish to hire people on H-1B visas, should be prepared that they will be challenged by USCIS.
- According to immigration experts, USCIS now wants employers to clearly explain how the position requires specific knowledge and a specific degree.
- A generic job description will not suffice. The petition should clearly state how important the role is to the company’s operations.
- Petitioners must describe in detail what the H-1B worker will do on a daily basis.
- The duties in the petition should be broken down into specific tasks, explaining how these tasks are performed and why they can only be performed by people who have studied a particular matter.
- The petition must indicate that the degree is required for this position to perform these duties at this company.
- Immigration expert Steven Brown explained that if a position requires “computer science, engineering, or a related field”, USCIS may conclude that the role does not require any specific expertise. Therefore, degree requirements must be clearly justified.
- Descriptions such as “analyze data,” “develop solutions,” or “support applications” provide little information about the complexity of the work. Without additional details, these duties may appear routine or administrative, even though the actual role is far more complex, Brown explained.
- A petition must be well prepared. Each submission must be prepared with a view to how it will be read in federal court. Job duties must be detailed, consistent and clearly linked to specific knowledge. Degree requirements must be precise and supported by a logical explanation.
- There should be no ambiguity in the petition which can be interpreted.