USCIS Announces H-1B Registration Timeline and H-2B Visa Expansion
The United States Citizenship and Immigration Services (USCIS) has unveiled critical updates for two major non-immigrant visa programs, setting the stage for significant changes in how foreign professionals and temporary workers are admitted to the country. The announcements come at a time when both international students and US employers are closely monitoring immigration policies that affect talent acquisition and workforce planning.
H-1B Registration Process for FY 2027: Key Dates and Fees
USCIS has confirmed that the initial registration period for the H-1B visa cap for fiscal year 2027 will commence on March 4, 2026, at 12 noon Eastern Time, which translates to 10:30 PM Indian Standard Time on the same day. The registration window will remain open until March 19, 2026, at 12 noon Eastern Time, corresponding to 9:30 PM IST. During this period, employers and their authorized representatives must submit electronic registrations for each prospective beneficiary through a USCIS online account.
A non-refundable registration fee of $215 per applicant is mandatory for all submissions. USCIS has emphasized that all registrations must be filed online, and organizations without an existing USCIS account must create one before proceeding. Paper submissions will not be accepted at any stage of the process. The agency plans to issue selection notifications by March 31, 2026.
Potential $100,000 Surcharge and Revised Selection Framework
In a notable development, USCIS has clarified that while the recent proclamation titled "Restriction on Entry of Certain Nonimmigrant Workers" does not directly impact the electronic registration process, selected employers may face an additional financial burden. Those whose registrations are chosen and who proceed to file cap-subject H-1B petitions could be required to pay a surcharge of up to $100,000 before submitting the petition. This fee depends on eligibility criteria and future implementation guidelines, potentially increasing costs for companies sponsoring foreign professionals.
Simultaneously, the Department of Homeland Security (DHS) has outlined revisions to the H-1B selection process for FY 2027. The new framework aims to prioritize "higher-skilled and higher-paid" foreign workers, moving away from a purely random lottery system. Instead, USCIS will implement a weighted selection process where registrations associated with higher compensation levels and skill categories may have a greater likelihood of selection. This shift is designed to better protect the wages, working conditions, and employment opportunities of US workers, and it holds particular significance for international graduates on Optional Practical Training (OPT) who rely on H-1B visas to continue working in the US after their post-study period ends.
H-2B Visa Program Temporarily Expanded by 64,716 Visas
In a separate but related move, the US government has announced a substantial, though temporary, expansion of the H-2B non-immigrant worker program. On January 30, 2026, the DHS and the Department of Labor (DOL) jointly issued a temporary final rule authorizing the release of up to 64,716 additional H-2B visas for fiscal year 2026. This increase is enabled through time-limited statutory authority and will not automatically carry forward into future fiscal years.
The H-2B visa program permits US employers to hire foreign workers for temporary, non-agricultural jobs in sectors such as hospitality, landscaping, seafood processing, and construction. Under this program, workers can stay for a maximum of three years, after which they must depart the US and remain outside the country for at least three months before seeking re-entry under the same classification.
Eligibility Criteria and Allocation Details for H-2B Visas
To qualify for the supplemental H-2B cap in FY 2026, employers must meet several stringent conditions. They are required to satisfy all existing H-2B eligibility criteria, including obtaining 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 designated filing windows; any applications submitted after September 15, 2026, will be rejected.
Additionally, employers must submit a formal attestation—under penalty of perjury—confirming that they will suffer "impending irreparable harm" without access to the requested H-2B workers. This term refers to businesses at risk of permanent and severe financial loss if unable to hire the necessary workforce. Most of the supplemental visas are restricted to returning workers, except for 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.
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 labor demand timelines and aimed at easing acute labor shortages in specific industries.
