Introduction

In the first few weeks of March 2026, USCIS is expected to begin accepting registrations for H-1B petitions subject to the Fiscal Year 2027 cap. Beneficiaries of successful FY2027 H-1B cap petitions will be eligible to start working in the U.S. on October 1, 2026.

While March 1^st may appear to be far away at the moment, experienced employers will vouch that it arrives before you even know it. And unless you start planning for your FY2027 H-1B filings now, you may end up missing the bus.

Here are the top 5 reasons why you should start planning for your H-1B Cap FY 2027 filing NOW!

1. Next H-1B Cap Season Is 18 Months Away!

Employers who miss filing during the FY2027 H-1B Cap won’t get another chance to file a new H-1B until March 2027! This means they can’t have new employees on H-1B until October 1, 2027!

To avoid this scenario, employers must begin to plan their March 2026 H-1B registrations now and ensure that their H-1B registrations are ready for submission before the first week of March.

2. H1B Lottery Again?

Yes! U.S. employers, big and small, continue to depend on high-skilled foreign talent across key industries. Despite cracks in the economy, slowed hiring in some sectors, and introduction of the $100,000 fee imposed by President Trump, we fully expect the H-1B cap will fill during the H-1B registration period and that we are looking at another H-1B lottery this year!

Advance planning is essential to ensure on-time filing of H-1B registrations within the H-1B registration period in March 2026, thereby making certain that your H-1B registrations have the greatest chance of being selected in the lottery.

3. Credential Evaluation Setbacks

In order to qualify for an H-1B, foreign nationals who have education from outside the U.S. must demonstrate that their education is ‘equivalent’ to a 4-year U.S. bachelor’s degree. In such cases, a Foreign Credential Evaluation must be obtained from a credential evaluator that can evaluate foreign degrees and their equivalency for the purposes of the H-1B program.

Early determination of a Credential Evaluation ensures that only eligible, fully vetted candidates are registered, preventing avoidable complications later in the process. Early evaluation is critical because it confirms whether the beneficiary’s foreign degree will be recognized as the equivalent of a U.S. degree in the required specialty, and whether it aligns with the minimum educational criteria for the specific H-1B role. The sooner an employer knows about it, the more time there is to incorporate alternative strategies.

With a significant number of H-1B cap petitions submitted each year requiring education evaluations, credential evaluation services become very busy during this time of the year. Hence, it is very important to obtain this Credential Evaluation as early as possible to avoid last-minute delays.

4. LCA Timing & Prevailing Wage Constraints

As part of the filing procedure, every H-1B petition must be accompanied by a certified Labor Condition Application (LCA).

Although the LCA is not required for the H-1B registration itself, early preparation is essential because every cap-subject H-1B petition must ultimately be accompanied by a certified LCA, and LCA-related constraints and delays can disrupt the entire filing strategy. Employers often face unexpected issues such as FEIN verification issues, delays caused by system breakdowns, prevailing wage disputes, SOC code selection challenges, and the need to revise job descriptions to ensure consistency with wage requirements and specialty occupation criteria. For beneficiaries on OPT or STEM OPT with time-sensitive status considerations, employers may need to file the H-1B petition at the earliest permissible date, which compresses the timeline and makes early LCA preparation even more critical.

If employers wait until after the lottery results are released to address these elements, they risk discovering wage-level errors, classification complications, or unresolved FEIN validation problems at a point when correction may no longer be feasible. By beginning the process early, employers ensure sufficient time to complete wage analysis, finalize compliant job details, secure timely LCA certification, and avoid last-minute issues that could prevent a selected H-1B registration from being filed before the strict deadline.

5. Any H1B Work Visa Alternatives?

Employers who miss the H-1B cap and cannot wait until 2027 may be forced to look at alternative visa options. However, viable alternatives are few and far between. The only true alternatives to the H-1B are the O-1, TN and the L-1 as well as country specific options like the H-1B1 or E-3. However, all these categories have drawbacks and/or limitations.

The O-1 can only be utilized for individuals with extraordinary abilities, which is a very high standard. Only a very small percentage of individuals eligible for H-1B will also be eligible for the O-1.

The TN is restricted only to nationals of Canada and Mexico and to a limited list of professional occupations, the H-1B1 is limited to nationals of Chile and Singapore and the E-3 is limited to nationals of Australia. Moreover, all 3 categories lack dual intent.

The L-1 is limited to intra-company transferees. This means that in order to utilize the category, the employee had to have worked for a foreign parent, subsidiary or affiliate company for at least 1 year.

My Case Scenario
Rebecca

USA Company Inc. wants to sponsor several foreign nationals to work at their company. They contact an immigration attorney in mid-February to begin the H-1B process. Will they be able to file the H-1B petitions in time?

While there technically is still time to prepare and file the H-1B registrations in time, many issues can arise that can derail the entire process. For example, if the foreign nationals have foreign educational credentials, they must all be evaluated. Each evaluation can take several days to obtain and the result of the evaluation may determine if the case can even go forward. These and other issues may arise to delay or completely derail the filing process.

Conclusion

In addition to the top 5 reasons emphasized above, unexpected hiccups often arise while preparing for the H-1B filing.

To eliminate the uncertainty and ensure a successful filing, it is essential that employers start planning their H-1B FY 2027 filing NOW!

VisaPro Law Firm can help you effectively plan and successfully accomplish H-1B FY 2027 Cap filings. Our experienced attorneys have filed H-1B petitions with a near 100% success for a variety of clients ranging from one-man start-up firms to multinational companies, from software engineers to market research analysts, fashion models, optometrists, medical technologists, organic farm managers, social workers, etc.

Contact VisaPro Law Firm today for a FREE H-1B Cap FY 2027 Filing Plan Consultation. We’ll talk through your priorities and recommend strategies for H-1B FY 2027 filings based on our attorneys’ near 100% success rates.