FY2028 H-1B cap season timeline

Published

General information, not legal advice. H1B Math is not affiliated with USCIS, DOL or DHS and is not a substitute for the advice of an attorney.

Status as of November 11, 2026: USCIS has not announced the dates for the FY2028 H-1B cap registration. Under the rule, it must announce the start of the registration window at least 30 days before the window opens. H1B Math adds the dates after USCIS publishes them. Until then, check the USCIS H-1B Cap Season page.

The cap season fills two annual limits: the 65,000 regular cap and 20,000 more for people with a master's or higher degree from a U.S. institution. The weighted lottery guide explains how the selection works.

What the rule requires

The registration rule, 8 CFR 214.2(h)(8)(iii)(A)(3), sets three conditions:

  • The initial registration period lasts at least 14 calendar days.
  • It starts at least 14 calendar days before the earliest date on which cap petitions may be filed for that fiscal year.
  • USCIS announces the start of the period at least 30 calendar days in advance.

Timeline: FY2027 and FY2028

H-1B cap season steps for FY2027 and FY2028
Step FY2027 (actual) FY2028 (as of November 11, 2026)
Dates announced January 30, 2026 Not announced. Under the rule, at least 30 calendar days before the window opens
Registration opens Noon Eastern, March 4, 2026 Not announced
Registration closes March 19, 2026: noon Eastern in the January 30 alert, 5:00 p.m. Eastern on the registration page Not announced. The window lasts at least 14 calendar days
Registration fee $215 per registration $215 under the current regulation; no change announced
Selection completed Announced March 31, 2026 Not announced
Petition filing opens April 1, 2026 Not announced. At least 14 calendar days after the window opens
Filing period At least 90 days, with the exact window on each selection notice Not announced
Caps reached USCIS reported enough petitions for both caps Not applicable yet
Earliest employment start October 1, 2026 October 1, 2027, the first day of FY2028

FY2027 as the reference season

USCIS announced the FY2027 window on January 30, 2026. Registration opened at noon Eastern on March 4, 2026. The January alert gave the close as noon Eastern on March 19, 2026, while the USCIS registration page gives 5:00 p.m. Eastern on March 19.

On March 31, 2026, USCIS announced that it had received enough registrations for unique beneficiaries to reach the FY2027 limits. Selected employers could file petitions starting April 1, 2026, within a filing period of at least 90 days shown on each selection notice, and USCIS accepted only the 02/27/26 edition of Form I-129. The USCIS registration page now states that it has received enough petitions to reach both caps for FY2027.

What is announced for FY2028

USCIS's H-1B Cap Season page, last updated November 9, 2026, still describes FY2027 and announces nothing for FY2028. The registration page gives the fee "for the FY 2027 H-1B cap" and does not mention FY2028.

The weighted selection rule remains in effect. USCIS describes it as starting in FY2027, with more entries for higher wage levels.

Registration fee

The fee is $215 for each registration under 8 CFR 106.2(c)(11), and the USCIS fee schedule lists $215 per beneficiary. Each registration is for one beneficiary, the fee is paid before the registration is submitted, and USCIS describes it as non-refundable. The proposed $103,265 fee would apply to petitions, not registrations; see the fee status page.

What a registration contains

Registration is done through a USCIS online account; an employer without one creates an organizational account. According to the rule and USCIS, each registration includes:

  • the beneficiary's valid passport or travel document information, including the document number, country of issuance and expiration date, with each beneficiary registered under only one passport or travel document;
  • the highest OEWS wage level that the offered wage equals or exceeds for the job's SOC code in the area of intended employment;
  • the SOC code, and the area of intended employment that served as the basis for that level.

The registrant also attests, under penalty of perjury, that the information is complete, true and correct; that the registration reflects a bona fide job offer; that the offered salary is at or above the wage level selected for that SOC code and area; and that it has not worked with another registrant or other party to unfairly increase the chance of selection. The wage level guide explains how the level is found.

Which wage table covers a March 2027 registration

OFLC's wage year 2026-27 table applies from July 1, 2026 through June 30, 2027, so, unless a DOL final rule changes the levels first, it is the table that applies in March 2027. DHS describes the evidence for the registered level as a printout from DOL's OFLC Wage Search as of the date the registration was submitted.

DOL proposed in March 2026 to change how the four levels are computed (91 FR 15454). As of November 11, 2026, the Federal Register lists only the proposal. If a DOL final rule took effect before the registration date, it would change the thresholds OFLC publishes for that date.

October 1, 2027 start date

USCIS requires a cap petition to request an employment start date of October 1 or later in the applicable fiscal year, and no more than six months after USCIS receives the petition. The federal fiscal year begins on October 1, so FY2028 starts on October 1, 2027. For FY2027, USCIS required a start date no earlier than October 1, 2026.

Cap-exempt employers

Employers that are exempt from the cap do not register in the lottery. The statute exempts workers employed by an institution of higher education or a related or affiliated nonprofit entity, and by a nonprofit or governmental research organization. USCIS gives petitions filed by U.S. institutions of higher education as an example. Only cap-subject petitions, including those for the advanced degree exemption, require a selected registration.

This page is general information, not legal advice, and an immigration attorney can advise on a specific case.

Sources

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H1B Math is not a substitute for the advice of an attorney.