U.S. Citizenship and Immigration Services (USCIS) confirmed on July 17th that it received enough petitions to fill both the regular 65,000 H-1B cap and the 20,000 U.S. advanced degree exemption (the “master’s cap”) for Fiscal Year (FY) 2027, which begins on October 1, 2026.
Below, we summarize what the cap announcement means for pending cases and outline recommended next steps.
Key Takeaways from the Cap Announcement
- Cap Reached: USCIS will not accept new cap-subject H-1B petitions for FY 2027; there will be no supplemental selection round.
- Cap-Exempt Filings Unaffected: This announcement has no impact on cap-exempt filings, including H-1B extensions, change-of-employer petitions, amendments, and petitions filed by institutions of higher education, nonprofit research organizations, and governmental research organizations.
- Pending Cases: We continue to monitor cases already in the pipeline and will notify sponsoring employers promptly of any case-specific updates.
Recommended Next Steps
For employees who were not selected in this cycle, alternative visa categories — such as O-1, L-1, TN, E-3, or J-1, depending on the individual’s background and nationality — may offer a viable near-term path and should be evaluated on a case-by-case basis.
Because it is now certain that there will be no supplemental selection round, please feel free to contact your Meltzer Hellrung professional if you would like to discuss alternative visa options for employees who did not secure a spot in this year’s lottery, or if you would like to begin building out a strategy for the FY 2028 cap season.
