The $100K consular processing fee, high Level 4 salary requirements, and small-company burden are driving first-round non-filings that could open thousands of new slots.
The FY2027 H-1B cap is 85,000 slots. First-round selections went out through March 31, 2026. But selection does not equal filing — and this year, an unusually high number of selected candidates may never see a petition filed on their behalf. The culprit: a perfect storm of the new $100K consular processing fee, Level 4 salary floors that strain small-company budgets, and employers quietly walking away from sponsorship after seeing the total cost. Here is what the data says about second-lottery probability.
| Company | H-1B Filings | Typical Level |
|---|---|---|
| Amazon | 55,150 | Level 2-3 |
| Microsoft | 34,626 | Level 2-3 |
| 33,416 | Level 3 | |
| Infosys | 32,840 | Level 1-2 |
| Tata Consultancy Services | 28,950 | Level 1-2 |
| Cognizant | 26,700 | Level 1-2 |
| Deloitte | 18,200 | Level 2 |
| Apple | 15,800 | Level 3 |
| Meta | 14,900 | Level 3 |
| JPMorgan Chase | 12,400 | Level 2-3 |
In a normal H-1B year, non-filing rates hover around 10-15%. Employers sometimes select candidates and then lose them to competing offers, decide not to move forward with the role, or face budget changes before April 1. USCIS has historically conducted second lotteries — most recently in FY2021 — precisely because first-round petition filings fell short of the 85,000-slot cap.
FY2027 introduces three compounding factors that are likely to push non-filing rates significantly higher. First, the new $100,000 fee applies to any H-1B petition requiring consular processing. For a small company paying $5,000 in standard filing fees, adding $100,000 makes sponsorship economically irrational for many roles outside major tech. Second, the wage-weighted lottery created a heavy concentration of Level 4 selections — candidates earning $150,000+ in prevailing wages. Smaller companies that registered optimistically at Level 4 are now facing payroll obligations they cannot sustain. Third, the new mandatory Form I-129 (effective April 1, 2026) adds administrative burden that pushes marginal sponsors to abandon filings rather than incur immigration attorney fees.
Community tracking on r/h1b and r/immigration is already surfacing reports of employers telling selected candidates they will not be filing. Legal Reddit posts describe small firms, staffing companies, and consulting shops walking away from Level 3 and Level 4 selections citing "budget constraints." This is a real and measurable phenomenon this cycle.
USCIS caps regular H-1B at 65,000 plus 20,000 advanced degree slots (85,000 total). With ~343,981 registrations and a 35.3% overall selection rate, roughly 121,425 registrations were selected. For 85,000 petitions to be filed, about 70% of selections must result in actual filings. If the non-filing rate reaches 25% instead of the historical 15%, approximately 91,000 petitions would be filed — still over the 85,000 cap. But if the rate reaches 30-35% due to the $100K fee impact on consular cases, filings could drop below 85,000, triggering a second round.
USCIS typically announces second-round results in July. The second lottery draws from the pool of registrations that were not selected in the first round. With 343,981 total registrations and roughly 121,425 already selected, approximately 222,556 registrations remain eligible for a second round. If 8,000-12,000 new slots open, second-round odds would be roughly 4-6% — low but not negligible, especially for Level 3 and Level 4 registrations where first-round non-filing rates are likely highest.
Q: I was not selected in the first round. Should I wait for the second lottery?
A: Yes, your registration automatically remains eligible for any second round — no action needed. But do not wait passively. Pursue cap-exempt employers, O-1A, or OPT extension simultaneously. If a second round is announced in July, great. If not, you need a backup plan already in motion.
Q: How will I know if there is a second H-1B lottery in FY2027?
A: USCIS will publish a notice on uscis.gov and send notifications through the myUSCIS portal. Typically announced in July if first-round petitions fall short. Watch for announcements around July 15-31, 2026. Community trackers on r/h1b will also surface the news immediately.
Q: My employer was selected but says they are not filing because of the $100K fee. Is that legal?
A: Yes. Employers are never legally required to file an H-1B petition even after registration. The decision is entirely the employer's. The $100K fee is a legitimate business reason to decline. If this happens, your registration is simply abandoned — you are not penalized and can participate in any second round or future lotteries.
Q: What wage levels are most likely to see second-round slots open up?
A: Level 3 and Level 4 selections at small and mid-size employers are most at risk of non-filing due to the $100K fee (for consular cases) and salary burden. Level 1 and Level 2 selections at large established sponsors (Amazon, Infosys, TCS) are very likely to be filed. Change-of-status candidates at all levels are more likely to proceed since the $100K fee does not apply to them.
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Search H-1B Sponsors on Wisa →It is probable but not confirmed. USCIS conducts second lotteries when first-round petition filings fall short of the 85,000 cap. This year the $100K consular processing fee and high Level 4 salary requirements are expected to drive non-filing rates above historical norms, potentially freeing up 8,000-12,000 slots. Watch for a USCIS announcement in July 2026.
Ask your employer directly — they should have received the official selection notice in their organizational account. Also ask your employer's immigration attorney for a timeline. Warning signs of a potential non-filing: employer asking you to research the $100K fee, delays in scheduling LCA meetings, or vague answers about filing timelines.
No. The H-1B registration is employer-specific. If your selected employer declines to file, your selection is forfeited. You cannot transfer the selection to a new employer. However, a new employer can register you in a future lottery, and you remain eligible for any second round with a different employer registration.
Historically about 85-90% of selected registrations result in filed petitions. In FY2021, the rate was low enough that USCIS conducted a second lottery. In FY2027, community estimates suggest the filing rate may drop to 70-75% due to the $100K fee deterrent, which could open 10,000+ new slots for a second round.