Wage-Weighted H-1B Selection Set for FY 2027 as $100,000 Fee Largely Spares U.S.-Based Applicants

Overview

• DHS’s final rule takes effect February 27, 2026 and is expected to govern a March FY 2027 registration window with 85,000 total slots, including the 20,000 U.S. master’s set‑aside.
• Selection odds scale by DOL wage tier: Level IV receives four entries, Level III three, Level II two, and Level I one.
• Employers must provide offered salary, Standard Occupational Classification, and intended worksites at registration, and subsequent petitions must align with those details.
• USCIS guidance confirms the $100,000 fee generally applies to consular or port‑of‑entry cases for beneficiaries abroad without a valid H‑1B, while most in‑country change‑of‑status candidates are exempt.
• The fee has been upheld at the district court with a fast‑tracked D.C. Circuit appeal pending, and USCIS is placing petitions for beneficiaries from 39 listed countries on adjudicative hold.