For international students in the US — particularly those transitioning from Optional Practical Training (OPT) to long-term work visas — and for employers dependent on foreign talent, the coming weeks will be closely watched. The US Citizenship and Immigration Services (USCIS) has announced the start of the initial H-1B registration process for the FY 2027 cap, alongside major policy signals on fees and selection priorities.
In parallel, the US government has also moved to temporarily expand the H-2B non-immigrant worker programme by over 64,000 visas for FY 2026, aimed at easing labour shortages in specific sectors.
According to the latest notice issued by the USCIS, the initial H-1B cap registration window will open on March 4 at 12 noon Eastern Time, which corresponds to 10:30 pm IST on March 4. The registration period will remain open until March 19 at 12 noon Eastern Time (9:30 pm IST). During this window, employers and authorised representatives must electronically register each beneficiary through a USCIS online account and pay a non-refundable $215 registration fee per applicant. The agency has said it plans to issue selection notifications by March 31.
All H-1B cap registrations must be submitted online, and USCIS has reiterated that employers who do not already have an organisational USCIS account will need to create one before filing registrations. Paper submissions will not be accepted at any stage of the registration process.
Additional fee of $100,000 not for all petitions
While confirming the timeline, USCIS also addressed the impact of the recent proclamation titled “Restriction on Entry of Certain Nonimmigrant Workers.” The agency clarified that the proclamation does not directly affect the electronic H-1B registration process. However, it warned that employers whose registrations are selected and who proceed to file cap-subject H-1B petitions may be required to pay an additional fee of up to $100,000 before filing the petition, depending on eligibility and future implementation guidelines. This possible surcharge is expected to significantly increase the cost burden on employers sponsoring foreign professionals.
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Alongside the registration announcement, the Department of Homeland Security (DHS) outlined changes to how H-1B beneficiaries will be selected under the FY 2027 cap season. According to USCIS, the revised framework aims to prioritise “higher-skilled and higher-paid” foreign workers. The agency stated that the updated selection process is designed to better safeguard the wages, working conditions and employment opportunities of US workers.
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If the number of unique beneficiaries with valid registrations exceeds the annual H-1B cap, USCIS will conduct a weighted selection process rather than a purely random lottery. This means that registrations linked to higher compensation levels and skill categories may have a greater likelihood of selection, marking a notable shift from earlier lottery-based systems. The changes are particularly relevant for international graduates on OPT who rely on H-1B selection to continue working in the US after their post-study work period ends.
H-2B non-immigrant visa programme gets additional 64,000 visas for FY 2026
Separately, the US government has announced a substantial, though temporary, expansion of the H-2B non-immigrant visa programme. On January 30, the DHS and the Department of Labor (DOL) jointly issued a temporary final rule authorising the release of up to 64,716 additional H-2B visas for FY 2026. This increase is enabled through time-limited statutory authority and will not automatically carry forward into future fiscal years.
According to the official notice, the Secretary of Homeland Security, in consultation with the Secretary of Labor, is exercising FY 2026 authority to issue these supplemental visas only to businesses facing or likely to face “impending irreparable harm.” This refers to employers at risk of permanent and severe financial loss if they are unable to hire the required number of workers.
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What is the H-2B visa?
The H-2B visa programme allows US employers to hire foreign workers for temporary, non-agricultural jobs, typically in sectors such as hospitality, landscaping, seafood processing and construction. Under H-2B rules, the maximum stay is three years, after which a worker must depart the US and remain outside the country for at least three months before seeking re-entry under the same classification.
The additional 64,716 visas will be released in three separate allocations, linked to the employer’s start date of need during the fiscal year. These allocations will be spread across different periods through the end of FY 2026, ensuring staggered access based on labour demand timelines.
Eligibility for H-2B
To qualify for the FY 2026 supplemental H-2B cap, employers must meet several conditions. They are required to satisfy all existing H-2B eligibility criteria, including securing an approved Temporary Labor Certification (TLC) from the Department of Labor before submitting Form I-129 to USCIS. Petitions must be filed at the correct USCIS location and within the designated filing windows; any applications submitted after September 15, 2026, will be rejected.
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In addition, employers must submit a formal attestation — under penalty of perjury — confirming that they will suffer irreparable harm without access to the requested H-2B workers. Most of the supplemental visas are restricted to returning workers, unless the petition falls within a specific allocation of 18,490 visas, including any rollovers, for employment start dates between May 1 and September 30, 2026. Employers must also prepare and retain detailed written evidence demonstrating the nature and extent of the claimed financial harm.
