Skip to Main Content

Major Changes to the H-1B Visa Program for FY 2027

The H-1B program is changing. This will fundamentally reshape foreign workers selection. Beginning with the FY 2027 cap season (opening February 27, 2026), DHS will replace the traditional random lottery with a weighted selection system that favors higher-skilled and higher-paid workers.

End of the Random H-1B Lottery

Under the new framework, DHS will no longer select H-1B registrations purely at random. Instead, DHS will weight selection odds based on wage levels and give a significant advantage to positions that offer higher salaries.

New $100,000 H-1B Application Fee Upheld by Federal Court

In addition to the structural overhaul, a federal court recently upheld a Trump-era proclamation allowing the government to impose a $100,000 fee per H-1B application.

Clarifications indicate:

  • The fee applies to new H-1B petitions
  • It does not affect renewals or petitions already filed
  • The fee has been deemed lawful by the court

This development dramatically raises the cost of participation in the H-1B program.

Enhanced Screening and Increased Delays

Applicants should expect more intensive vetting, including:

  • Mandatory social media reviews
  • Expanded background and security checks
  • Greater scrutiny across all H-1B cases

These measures are expected to cause longer processing times and additional delays.

Key Changes at a Glance

Weighted Selection System

Higher wages receive more weight, increasing selection odds compared to lower-paid positions.

Effective Date

Applies to the FY 2027 H-1B cap registration period starting February 27, 2026.

Increased Costs

Potential $100,000 government fee for new H-1B petitions.

Tighter Security Measures

Social media checks and enhanced screening for all applicants.

Why DHS Is Making These Changes

Prevent Program Abuse

The stated goal is to stop employers from using the H-1B program to hire lower-wage foreign workers in ways that undercut U.S. wages.

Align With Congressional Intent

DHS has emphasized that the program intends to attract top-tier foreign talent, not serve as a low-cost labor substitute.

Impact on Employers and Workers

Employers

  • Encourages higher wages and senior-level hires
  • Disadvantages small and mid-sized businesses unable to match large-tech salaries
  • Significantly raises compliance and cost barriers

Foreign Workers

  • Higher-paid, specialized workers benefit
  • Increased scrutiny and longer processing times
  • Fewer opportunities through smaller employers

The End of an Era for Small and Mid-Sized Employers

These changes effectively mark the end of the H-1B model that many small and medium-sized employers relied on to access global talent at lower costs. Moving forward, the program is clearly shifting toward a high-wage, high-skill model.

To start your legalization journey in the United States, call Shepelsky Law Group at 718-769-6352 or book your consultation directly at
https://shepelskylaw.cliogrow.com/book