As of October 23, 2026, USCIS has not announced the dates for H-1B 2027 registration, the lottery for fiscal year (FY) 2028 cap petitions. Its H-1B registration page still describes the FY 2027 season, when the initial registration period ran from March 4 to March 19, 2026 (USCIS, H-1B Electronic Registration Process). The regulation requires USCIS to announce the start date at least 30 calendar days in advance (8 CFR 214.2(h)(8)(iii)(A)(3), 90 FR 60964).
What has changed is how winners are chosen. Since a final rule took effect on February 27, 2026, the lottery is weighted by the wage level of the job offer (90 FR 60864). FY 2028 will be the second season under it, and most of the decisions that shape a registration are made months before the window opens.
- As of October 23, 2026, USCIS has not announced the FY 2028 H-1B registration period; it must announce the start at least 30 days in advance.
- The registration period lasts at least 14 calendar days and starts at least 14 days before cap petitions can be filed.
- Under the weighted selection rule effective February 27, 2026, wage level IV beneficiaries enter the pool four times, level III three, level II two and level I once.
- The registrant must select the highest OEWS wage level the proffered wage equals or exceeds; for multiple worksites, the lowest level that applies.
- USCIS may deny or revoke a petition that later lowers the wage to gain a better chance of selection.
- The H-1B registration fee is $215 per beneficiary.
- For FY 2026, USCIS received 343,981 eligible registrations and selected 120,141.
When will H-1B registration for FY 2028 open?
We do not know yet, and any specific date you see before USCIS announces it is a guess. The rule sets the frame:
"The annual initial registration period will last a minimum of 14 calendar days and will start at least 14 calendar days before the earliest date on which H-1B cap-subject petitions may be filed for a particular fiscal year" 8 CFR 214.2(h)(8)(iii)(A)(3), as amended at 90 FR 60964
For FY 2027, cap petitions could be filed from April 1, 2026, and the filing period ran at least 90 days (USCIS, FY 2027 selection process completed, Mar. 31, 2026). USCIS announced on July 17, 2026 that it had received enough petitions to reach the 65,000 regular cap and the 20,000 advanced degree exemption for FY 2027 (USCIS, July 17, 2026). Planning around March 2027 is reasonable; booking around a specific day is not.
How does the weighted H-1B lottery work?
If more people are registered than USCIS needs, it runs a weighted selection. The regulation says USCIS will assign each unique beneficiary to the lowest wage level among all registrations filed for them and enter them as follows (8 CFR 214.2(h)(8)(iii)(A)(4)(ii), 90 FR 60965):
| Wage level on the registration | Entries in the selection pool |
|---|---|
| Level IV | 4 |
| Level III | 3 |
| Level II | 2 |
| Level I | 1 |
Each person counts once toward the cap, "regardless of how many registrations were submitted for that beneficiary or how many times the beneficiary is entered in the selection pool" (8 CFR 214.2(h)(8)(iii)(A)(4), 90 FR 60964). Our explainer on the H-1B weighted lottery covers how the rule was adopted.
The scale of competition is large. For FY 2026, the last season under the old random method, USCIS received 343,981 eligible registrations and selected 120,141 (USCIS, H-1B Electronic Registration Process). USCIS had not added FY 2027 totals to that page as of October 23, 2026.
How is the wage level on the registration chosen?
By the employer, from the job offer, under fixed rules. The registrant must select "the highest Occupational Employment and Wage Statistics (OEWS) wage level that the beneficiary's proffered wage equals or exceeds" for the occupation code in the area of intended employment (8 CFR 214.2(h)(8)(iii)(A)(4)(i), 90 FR 60965). The same paragraph adds three rules that matter in practice (90 FR 60965):
- If the worker will be at multiple locations, the employer must select the lowest level the wage meets across those locations.
- If the wage is a range, the level is set by the lowest wage in the range.
- If the wage is below OEWS level I because it rests on another legitimate wage source, the employer must select level I.
The registration also has to include the occupation (SOC) code, the area of intended employment used for the level, and the worker's passport details, and each worker may be registered under only one passport (90 FR 60965).
That makes the occupation code and the worksite strategic choices, not paperwork. The same salary can be level III in one metro area and level II in a higher-wage one, so an honest conversation with the employer about title, duties, SOC code and location belongs before registration, not after selection.
Can the employer change the wage after selection?
Not downward to a lower level without risk. The rule added a specific denial ground: USCIS may deny a new or amended petition if it is part of an attempt "to unfairly increase the chance of selection," such as by changing the proffered wage to an amount equivalent to a lower wage level than the one on the registration (8 CFR 214.2(h)(10)(iii), 90 FR 60967). The same conduct is a ground to revoke an approval (8 CFR 214.2(h)(11)(iii)(A)(8), 90 FR 60967).
The rule also restates that "a valid registration must represent a bona fide job offer," and that a petition will be denied if certifications on the registration prove false (8 CFR 214.2(h)(10)(ii), 90 FR 60967).
Could the wage levels themselves change before March 2027?
Possibly, so watch one rule. The Department of Labor proposed on March 27, 2026 to raise the prevailing wage levels used for H-1B Labor Condition Applications and PERM (91 FR 15454). As of October 23, 2026, the Federal Register lists only that proposed rule under its regulation number, with no final rule (Federal Register, RIN 1205-AC30). If a final rule takes effect before registration, the salary needed to reach each level could change.
What does registration cost, and what about the $100,000 payment?
Registration costs $215 per beneficiary and is non-refundable (USCIS, H-1B Electronic Registration Process; USCIS, Form G-1055). The petition fees come after selection.
For FY 2027, USCIS noted that a presidential proclamation requires certain cap petitions "to be accompanied by an additional $100,000 payment as a condition of eligibility" (USCIS, Mar. 31, 2026). Whether it applies depends on where the worker is and how they will get H-1B status, so settle that question before the employer pays to register. Our October 2026 status update on the H-1B $100,000 fee tracks the scope and the court challenges.
What this means for you
Use the months before registration to make the offer and the backup plan concrete.
- Agree the job title, duties, SOC code, worksite and salary with the employer, and check which OEWS level that salary reaches in that area.
- If you may work at more than one location, expect the lowest applicable level to count.
- Make sure your passport is valid and is the one you will use, since you can be registered under only one.
- If you are on OPT, confirm how long your OPT and any STEM extension last, and whether cap-gap protection would cover you after selection.
- Prepare the backup now. Our guide to what to do if you lose the H-1B lottery and our comparison of O-1 and H-1B cover the main alternatives.
Where to start
If you are not sure the lottery is your best route, our free evaluation at /evaluate/ shows whether an O-1, EB-1A or NIW is realistic for you now, and Frank, our AI assistant at /frank, finds real opportunities for the criteria you are missing. Petitions are reviewed and filed by our partner law firm, Lai & Turner.
Sources
All checked October 23, 2026.
- DHS, Weighted Selection Process for Registrants and Petitioners Seeking To File Cap-Subject H-1B Petitions, 90 FR 60864 (Dec. 29, 2025). Effective date; registration period rule; weighting; wage level selection rules; denial and revocation grounds.
- USCIS, H-1B Electronic Registration Process (updated 09/21/2026). FY 2027 registration dates; FY 2026 registration data; $215 fee.
- USCIS, FY 2027 H-1B Initial Registration Selection Process Completed (Mar. 31, 2026). April 1 filing start; 90-day filing period; $100,000 payment note.
- USCIS, USCIS Reaches Fiscal Year 2027 H-1B Cap (July 17, 2026). FY 2027 regular cap and master's cap reached.
- DOL, Improving Wage Protections for the Temporary and Permanent Employment of Certain Foreign Nationals, 91 FR 15454 (Mar. 27, 2026). Proposed prevailing wage increase.
- Federal Register search, RIN 1205-AC30. Only the proposed rule published as of October 23, 2026.
- USCIS, Form G-1055 Fee Schedule (edition 10/16/26). H-1B registration fee.
Frequently asked questions
When is the H-1B registration for FY 2028?
USCIS had not announced it as of October 23, 2026. The regulation requires an initial registration period of at least 14 calendar days, starting at least 14 days before cap petitions can be filed, and USCIS must announce the start at least 30 days in advance on its website. For FY 2027, the period ran from March 4 to March 19, 2026, so most employers are planning for March 2027.
How does the weighted H-1B lottery work?
If USCIS needs a random selection, it assigns each unique beneficiary a wage level based on the registration and enters them into the pool by level: four entries for level IV, three for level III, two for level II and one for level I. A beneficiary registered by several employers is assigned the lowest level among those registrations. Each person counts once toward the cap, however many entries they have.
Can my employer register at a higher wage and pay less later?
That is the risk the rule targets. USCIS may deny a later petition, or revoke an approval, if it finds the employer changed the proffered wage to an amount equal to a lower wage level as part of an attempt to unfairly increase the chance of selection. The registration must also represent a bona fide job offer, and false certifications are grounds for denial.
Does the $100,000 H-1B payment affect registration?
Registration itself costs $215 per beneficiary. USCIS said for FY 2027 that a presidential proclamation separately requires certain cap petitions to be accompanied by an additional $100,000 payment as a condition of eligibility. Whether it applies depends on the worker's situation, which matters for planning before the employer pays to register. Our October 2026 status post on the fee covers who it reaches.
What should I do if I am not selected in the FY 2028 lottery?
Have the backup ready before registration closes. Common routes are a cap-exempt employer such as a university or nonprofit research organization, an O-1 if your record supports it, remaining STEM OPT time for another try the following year, or a green card path that does not depend on the lottery. Which one fits depends on your evidence and timeline, which is a question for your attorney.
Green Card Guide AI is not a law firm and this article is not legal advice. It describes evidence-building strategy in general terms; your attorney determines what belongs in your petition and how it's argued.
