FY2027 H-1B Cap Reached: No Second H-1B Lottery for FY2027

On July 17, 2026, USCIS announced that it has received enough H-1B cap petitions to meet the FY2027 annual quota, meaning no second H-1B lottery will be conducted this year. 

If your H-1B registration was not selected in March 2026, it is no longer eligible for filing this cap season. However, employers and individuals should promptly evaluate alternative immigration options and long-term planning strategies. 

What Happens If Your Registration Was Not Selected? 

If your registration was not selected in the FY2027 H-1B cap lottery,  your USCIS online account will be updated to:

"Not Selected – Not eligible to file an H-1B cap petition based on this registration."

An unselected registration cannot be used to file an H-1B cap petition for FY2027. Employers wishing to sponsor a cap-subject employee in FY2028 will need to submit a new registration during the next H-1B registration period.

Cap-Exempt H-1B Options Remain Available 

Although the annual cap has been reached, USCIS continues accepting H-1B petitions that are not subject to the lottery, including:

• H-1B extensions

• Change-of-employer (H-1B transfer) petitions

• Amended petitions

• Concurrent H-1B petitions

• Petitions filed by qualifying institutions of higher education, affiliated nonprofit entities, nonprofit research organizations, or governmental research organizations. 

For some employers, cap-exempt employment may provide an effective alternative to the annual H-1B lottery.

Consider Other Visa Options

Individuals not selected in this year's H-1B lottery may qualify for other work visa options, depending on their qualifications and the employer's needs. Common alternatives may include: 

• O-1 visas

• L-1 intracompany transfers

• TN status

• E-3 visas

• H-1B1 visas

• E-1/E-2 treaty visas

• STEM OPT extensions

• Employment Authorization Documents (EADs) based on a pending adjustment of status application 

The most appropriate option depends on the individual's qualifications, immigration history, and employment goals. 

Consider Employment-Based Green Card Options 

Holding H-1B status is not required before an employer may begin the employment-based green card process. Employers may consider starting the permanent residence process early rather than waiting for an employee to first obtain H-1B status.

Early planning can provide greater workforce stability and reduce reliance on future H-1B lottery selections. Potential options include:

• EB-1

• EB-2 National Interest Waiver (NIW)

• PERM-based EB-2 or EB-3 sponsorship

Questions About Your Options?

If your H-1B registration was not selected, now is the time to explore available immigration strategies rather than simply waiting for next year's lottery.

If you have questions about H-1B alternatives, cap-exempt employment, or employment-based green card options, our attorneys are available to evaluate your specific circumstances and help identify the most appropriate immigration pathway. 

Keywords: FY2027 H-1B Cap, H-1B Cap Reached, No Second H-1B Lottery, FY2027 H-1B Lottery, H-1B Not Selected, H-1B Alternatives

Disclaimer: The information provided in this article is for general informational purposes only and should not be construed as legal advice. No attorney-client relationship is created by reading this article.