Filing H-1B Petitions: Important Changes to Forms and Filing Fees Employers Need to Know

Now that the H-1B selection process has been completed, there are several important changes for employers to keep in mind.

Background

On March 31, 2026, the U.S. Citizenship and Immigration Services (USCIS) announced that it has received enough electronic registrations during the initial registration period to reach the fiscal year (FY) 2027 H-1B cap. This includes the advanced degree (master’s cap). H-1B petitions may be filed for selected registrations starting April 1, 2026. A petition filed on behalf of a beneficiary must contain and be supported by the same identifying information and position information that was submitted in the selected registration. This year the annual lottery was replaced with a weighted selection process, in which beneficiaries with the highest wage levels had a greater chance of selection.

Next Steps

USCIS has notified all prospective petitioners with selected registrations that they are eligible to file an H-1B cap-subject petition for the beneficiary named in the selected registration. Registrants’ online accounts will now be updated to display their registration status: submitted; selected; not selected; denied; invalidated; deleted or processing information.

Only petitioners with selected registrations may file H-1B cap-subject petitions for FY 2027 and only for the beneficiary in the applicable selected registration notice. Petitioners must submit evidence of the beneficiary’s valid passport or travel document used at the time of registration to identify the beneficiary.

New This Year: Important Changes to Forms and Filing Fees Employers Need to Know

Employers have between April 1 and June 30 to file the complete H-1B petitions. There are several important changes for employers to know when filing:

• Increased Premium Processing Fee: USCIS increased premium processing fees, effective March 1, 2026. Form I-129 petitions increased from $2,805 to $2,965. The form must include the new fee or the request will be rejected.
• Changes to Form I-129: Beginning April 1, USCIS will only accept the new version of Form I-129, Petition for a Nonimmigrant Worker (published Feb. 27, 2026).. Employers are now required to provide greater details on job requirements, including minimum education required, specific field of study, work experience, and any supervisory responsibilities. This change allows USCIS to compare the job requirements to the information that was submitted during H-1B electronic registration and the wage level provided on the Labor Certification Application (LCA) for consistency.
• $100,000 Fee for Employees Abroad: There is a new $100,000 fee for new H-1B petitions filed on or after September 21, 2025. The fee applies to H-1B beneficiaries outside the U.S. or that requiring consular processing. The fee does not apply to extensions or changes of status. The fee must be paid online through pay.gov with Form I-129, or the petition will be denied. While there were lawsuits filed, the fee was upheld by a U.S. District Court in December 2025. Travel is strongly discouraged for employees after the cap petition has been filed, to avoid triggering the $100,000 fee.

Gibney will continue to monitor the FY 2027 H-1B cap process and provide updates, and will work with employers to file H-1B petitions for selected beneficiaries during the designated filing window. For additional information please contact your designated Gibney representative or email info@gibney.com.