U.S. Citizenship and Immigration Services (USCIS) has announced that it has received sufficient H-1B petitions to meet both the regular H-1B cap and the advanced degree exemption for Fiscal Year (FY) 2027.
According to USCIS, the agency received enough filings to reach:
- The 65,000 regular H-1B cap established by Congress.
- The 20,000 U.S. advanced degree exemption, commonly referred to as the master’s cap.
What’s Next
Reaching the H-1B cap means that USCIS has received enough petitions to satisfy the annual numerical limits for new cap-subject H-1B visas for FY 2027.
Employers whose registrations were selected during the FY 2027 H-1B cap season and who timely filed petitions should continue monitoring case processing and adjudication updates from USCIS.
H-1B Categories Not Subject to the Annual Cap
The annual cap does not apply to certain H-1B petitions, including:
- Extensions of stay for current H-1B workers.
- Changes to the terms of employment for existing H-1B workers.
- Transfers of H-1B workers between cap-subject employers.
- Concurrent H-1B employment in certain circumstances.
- Petitions filed by cap-exempt employers, such as qualifying institutions of higher education, affiliated nonprofit entities, nonprofit research organizations, and governmental research organizations.
These petition types may continue to be filed throughout the year, subject to applicable USCIS requirements.
Erickson Insights and Analysis
Erickson Immigration Group will continue monitoring developments and sharing updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or if you have case-specific questions.