Introduction
The Fiscal Year 2027 H-1B cap filing season is here.
With the FY2027 H-1B registration period expected to begin in the first week or so of March 2026, the H-1B cap presents twin challenges to employers:
- Filing H-1B registrations on time to stand a chance of being considered in the H-1B lottery; and
- Filing strong H-1B petitions to ensure successful adjudication of petitions after being selected in the H-1B lottery.
Once their H-1B registration is selected, employers often commit avoidable mistakes in the rush to get H-1B petitions timely filed. This can seriously affect the outcome of the case.
We present 5 common H-1B petitions filing mistakes made by employers and how to avoid them.
I. Deficient Job Description
The H-1B visa category is for people who perform services in a “specialty occupation” – an occupation that requires the person to have at least a bachelor’s degree or its equivalent in a specific field of study directly related to the position duties.
A job title by itself does not determine whether a particular position qualifies as a specialty occupation. USCIS looks at the specific duties of the offered position in conjunction with factors like the nature of the employer’s business when considering if a job is in a specialty occupation.
Under the H-1B modernization rule announced by USCIS in 2024, vague job descriptions that could apply to multiple degree fields or that fail to establish a direct relationship between duties and claimed degree fields face significantly higher risk of denial.
The job description must clearly demonstrate that the offered position qualifies as a specialty occupation and job descriptions that fail to do so often have an adverse impact on the outcome of the H-1B petition.
Is Your Job Description Modernization-Rule Compliant?
II. FEIN Mismatch: Overlooking Possible Delays In LCA Certification
A common reason for delays is the Department of Labor’s (DOL) FLAG system’s inability to recognize a company’s FEIN or tax ID number. If the FLAG system does not recognize a company’s FEIN, then the company needs to be “pre-verified” before an LCA can be submitted successfully. This pre-verification can take anywhere from 1-5 days.
Some beneficiaries may be on OPT or STEM OPT with strict status-related deadlines that require filing the H-1B petition at the earliest possible date, and any delay in securing a timely LCA can jeopardize the employer’s ability to meet those deadlines.
Smaller companies and those that have never filed an LCA previously are most likely to receive an FEIN mismatch error. Early preparation of the LCA and submission of FEIN pre-verification data in advance will allow employers to take corrective measures. It will also help employers avoid any possible delays arising out of the sudden increase in the volume of pre-verification emails and LCA’s submitted for certification during the H-1B cap filing season.
LCA Posting Requirements
1. The H-1B employer must post the LCA at two conspicuous locations in the place of employment, or alternatively, provide electronic notification to all affected employees for at least 10 days.
2. The posting must be carried out on or within 30 days before the date the LCA is filed.
3. Willful violation of the posting requirement can result in fines or debarment of the employer from filing future H-1B petitions.
III. Failure To Properly Determine Previous H-1B Status
When looking to hire a foreign national who has previously been in H-1B status, the employer must actually determine whether or not the foreign national has actually been counted towards the H-1B cap.
If the foreign national had previously maintained H-1B status through an exempt employer or position, he or she may not have been counted towards the H-1B cap.
A foreign national transferring from an exempt employer or position to a cap-subject employer must have an H-1B registration submitted on his or her behalf by the employer during the H-1B cap registration period that is expected to open in March 2026.
IV. Selecting Incorrect Data or Start Date on Form I-129
Entries made on the Form I-129 are critical. Employers often commit fatal errors while entering details in the form including errors related to start date, wages, or failure to select the appropriate options, or even using an incorrect version of the form, leading to undesirable consequences.
A.FY2027 begins on October 1, 2026. Requesting an H-1B start date any earlier than October 1, 2026 in the Form I-129 will result in the petition being rejected.
B.USCIS also periodically updates its Forms with newer editions. Using an outdated version of the Form I-129 may result in USCIS summarily rejecting the petition.
Petitioners must ensure to verify that their H-1B Cap petitions are being filed using the correct edition of Form I-129 and must seek a start date no earlier than October 1, 2026. If USCIS rejects a petition, it may take several weeks to receive notification of the rejection. By that time, employers may find themselves in a situation where it’s too late to re-file with the correct form or information.
IMPORTANT
If the Beneficiary is currently in the U.S. on F-1 OPT or STEM OPT and the work authorization is set to expire before October 1, 2026, then the petitioner must make sure to request a change of status to H-1B with an October 1, 2026 start date on the Form I-129 before the OPT expires to enable the Beneficiary to qualify for a ‘cap-gap’ extension and have continuous work authorization.
Form I-129 Accuracy Checklist
V. Filing With The Incorrect Fee or At The Incorrect Lockbox Facility
Another common error made when filing the H-1B petition is in relation to the USCIS filing fees and filing location.
A. H-1B Filing Fee Errors
For all new cap-subject H-1B petitions filed with a change of status request, there are at least 4 required fees that must be submitted. An H-1B petition will be rejected if even one of the required fees is not included or is issued with an incorrect amount.
As of October 2025, USCIS no longer accepts paper checks or money orders for H-1B petitions filed by paper at a Lockbox facility. All filing fees must now be paid electronically, either through ACH debit from a U.S. bank account using Form G-1650 or by credit or debit card using Form G-1450. Any error, failure, or mismatch in the electronic payment method can result in rejection or delay of the petition.
H-1B Cap FY 2027 Filing Fees
Paper Filings
| # | Fee Type | Amount | Details & Conditions |
|---|---|---|---|
| 1 | USCIS Electronic Registration Fee | $215 | Standard registration fee for all applicants |
| 2 | USCIS Filing Fee | $460 / $780 | $460: Non-profit entity OR 1–25 full-time employees $780: More than 25 full-time employees |
| 3 | ACWIA Fee | $750 / $1,500 | $750: 1–25 full-time employees $1500: More than 25 full-time employees |
| 4 | Fraud Prevention and Detection Fee | $500 | Standard fee for all H-1B cap petitions |
| 5 | Asylum Program Fee | $300 / $600 | $300: 1–25 full-time employees $600: More than 25 full-time employees Non-profit employers are exempt |
| 6 | Consular Processing Fee | $100,000 | Required for cap petitions with consular processing request Payment method: Electronic via Pay.gov Payment confirmation receipt must be submitted with petition Not required if approved waiver/exemption secured |
| 7 | Additional Fee for Large H-1B/L-1 Employers | $4,000 | Applies if employer has: • 50+ employees in the U.S., AND • More than 50% are in H-1B or L-1 status |
Note: Certain educational institutions, nonprofit organizations, and nonprofit/government research organizations may be exempt from the ACWIA fee.
B. Filing At The Incorrect Lockbox Facility
H 1B petitions may be filed online or by mailing paper filings to USCIS. For paper submissions, USCIS designates specific mailing addresses to process cap subject cases, and such petitions must be sent to the correct USCIS Lockbox Facility specified in the Selection Notice.
If an H-1B cap petition is sent to the incorrect USCIS Lockbox Facility, it may be rejected and returned. This can take few weeks and can be most detrimental if you are unable to re-file timely before the filing deadline.
To avoid H-1B petition filing errors:
- If doing a “paper” filing, verify that all the necessary forms are included in the package and includes all required signatures. Lack of proper signatures on all the necessary forms will result in the rejection of the H-1B petition.
- Verify and re-verify that all filing fees, in the correct amounts, are included.
- Verify and re-verify that the petition will be sent to the correct Lockbox Facility as listed on the Selection Notice.
Conclusion
The competition for new H-1B’s this FY 2027 H-1B cap filing season is going to be no less intense than the previous years.
Along with timely filing, strict adherence to relevant H-1B filing requirements is essential to ensure that a petition selected in the H-1B lottery is not rejected or denied due to incomplete or improper filing.
VisaPro Law Firm can help increase your chances of H-1B petition approvals.
VisaPro specializes in serving individual and corporate clients in various countries all across the world. Our experienced Immigration Attorneys are experts at handling complex immigration matters and can provide you with expert assistance necessary to achieve successful H-1B cap filings.
To help H-1B employers and applicants improve their chances of H-1B petition approvals, VisaPro is offering a FREE FY 2027 H1B Filing Plan Consultation. In the planning discussion, we’ll talk through your priorities and recommend strategies for H-1B FY 2027 filings based on our attorneys’ near 100% success rates.
To receive assistance with your FY 2027 H-1B filing strategies, give us a call today! Our experienced attorneys will be happy to assist you.
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