Executive Summary
- The FY2027 H-1B filing window opens April 1, 2026 and closes June 30, 2026.
- For selected candidates, HR needs to manage filing timing, cap gap situations, and a set of common mistakes that can trigger an RFE or put the petition at risk.
- For candidates who were not selected, there are alternative paths worth evaluating, and the conversations with those employees need to happen now.
For Selected Candidates: What HR Needs to Manage
Filing timing: do not rush, but do not wait
Selected candidates often pressure HR to file immediately, sometimes the day results are announced. That is not the right approach.
- The 90-day window runs from April 1 through June 30, 2026.
- Filing in the first 30 to 45 days is the right target. Cases filed early in the window tend to move faster than those filed near the deadline.
- Use the time before filing to make sure all documentation is in order rather than rushing to submit an incomplete package.
Cap gap situations are your top priority
If you have employees on F1 OPT or STEM OPT with an EAD expiring this summer, their cap gap situation needs to be handled before anything else.
- Cap gap protection kicks in when the H-1B petition is filed before the current EAD expires. If the petition is not filed in time, the employee loses work authorization.
- For these employees, file as early as possible and strongly consider premium processing to get a faster decision.
- Employees on OPT or STEM OPT with an EAD that runs through the end of the year have more flexibility and may not need premium processing.
Once cap gap is established, the employee must also maintain their F1 status, which means keeping a full-time course load if still enrolled.
What must match the original registration
USCIS will compare the petition against the original registration. If details have changed, the petition can be flagged or denied. Make sure the following still match what was submitted during registration:
- Work address (including whether the role is hybrid or fully remote)
- Home address
- Job title and duties
- Salary
If anything has changed since registration, flag it with your immigration counsel before filing, not after.
DSO notification for F1 students
If the selected candidate is on an F1 visa, their Designated School Official (DSO) needs to be notified as soon as selection is confirmed. The DSO needs to update the student's record and issue any necessary documentation. Do not skip this step.
What not to do after filing
- Do not travel internationally while the petition is pending. Travel during processing can complicate status.
- Do not change the work address after filing. Address changes mid-process are a common RFE trigger.
- Do not change roles or job duties shortly after H-1B status begins. USCIS looks at employment changes made immediately after approval as a potential red flag and in some cases can revoke the petition.
- Share any new I-20 documents with your immigration counsel immediately. If the school issues an updated I-20 after the petition is filed, it needs to be uploaded to the MyUSCIS portal proactively. Waiting for an RFE to surface it is unnecessary and adds processing time.
A note on RFE risk by country
Employees from certain countries face higher rates of RFEs on H-1B petitions, and HR should be aware of which employees may fall into that category. If you have an employee from a higher-scrutiny country, make sure the documentation package is particularly thorough at the time of filing.
For Candidates Not Selected: Having the Right Conversation
Not being selected is not the end of the road. HR teams that are equipped to have a structured conversation with these employees early are in a much better position than those who wait.
Start with an individual assessment
There is no one-size-fits-all answer for candidates who were not selected. Walk through these questions for each person:
- How critical is this employee to the team? Is the company willing to invest in an alternative visa strategy?
- Is the employee married? A spouse's visa status may open additional options.
- Does the company have international offices? That changes the options significantly.
- What is the employee's educational background and area of work?
Visa options worth exploring
O-1 visa: For employees with an advanced degree or who work in a specialized field like AI or semiconductor manufacturing, the O-1 is worth evaluating. It requires demonstrating a higher level of achievement in the field, so it is not the right fit for every candidate, but it is a legitimate path for some.
L-1 visa: If your company has offices outside the US, an employee can potentially be assigned to an international entity for a period and then transferred back to the US as an L-1. This requires real international operations, not a nominal foreign entity.
Re-enrollment in a new degree program: An employee who completes a degree at one level and enrolls in a genuinely different degree program at another level may become eligible for a new OPT. For example, a candidate with an engineering master's degree who pursues an MBA would qualify for new OPT. This is not a shortcut, but for candidates who were planning to pursue additional education anyway, it is worth knowing about.
Day One CPT programs: These programs come up in conversation, and HR teams should know that they carry significant risk. USCIS has increased scrutiny on these programs, and participation can create problems for future immigration filings including green card applications. If an employee brings this up, the right response is to acknowledge it exists but strongly recommend they consult immigration counsel before pursuing it.
The second lottery round
In past years, USCIS has run a second lottery round after the 90-day filing window closes, typically announced in July or August. This happens when the number of selected petitions does not account for the full visa cap. It is not guaranteed to happen this year, but historically it has. Let employees know the possibility exists without making promises.
Frequently Asked Questions
When is the best time to file within the 90-day window? File within 30 to 45 days of April 1 if your documentation is ready. Cases filed early in the window generally process faster than those filed close to the June 30 deadline.
Does premium processing guarantee approval? No. Premium processing guarantees a faster decision (typically 15 business days) but does not affect whether the petition is approved. It is most important for employees in cap gap situations where timing is critical.
Our employee was registered as Level 4 but was not selected. Why? The H-1B lottery is random within each wage level. More registrations at Level 4 this year may have resulted in a lower selection rate at that tier than at lower levels. USCIS is expected to release selection rate data by wage level in the coming months.
If an employee was not selected, can they stay in the US? It depends on their current status. Employees on valid OPT or STEM OPT can continue working through their authorized period. After that, they would need a different visa category or would need to leave unless another option is secured. This is why having the alternative visa conversation early matters.
This article is for informational purposes only and does not constitute legal advice. Consult qualified immigration counsel before making decisions about your sponsored workforce.
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