The H-1B Cap Filing Window Just Closed. Here’s What Employers Still Need to Do Before October 1

With FY 2027 H-1B petitions filed and the lottery selection process behind them, it’s tempting for HR and global mobility teams to treat the cap season as finished until next spring’s registration window. The stretch between filing and the October 1 start date is actually one of the more consequential planning windows in the whole process, and several employers use it less deliberately than they should.

The first thing worth confirming for each selected case is the path to October 1: which employees are changing status from within the United States, and which need consular processing abroad. These are not interchangeable logistics. An employee changing status inside the country doesn’t need a visa stamp to begin work on October 1, but someone processing through a consulate does, and visa appointment availability varies widely by post and can run into unexpected delays. Employers with international beneficiaries should be coordinating travel and interview scheduling well before the start date, not scrambling in September.

Wage compliance also shifted mid-cycle this year. The Department of Labor’s Office of Foreign Labor Certification began using updated prevailing wage data on July 1, 2026, based on new Bureau of Labor Statistics estimates. Labor Condition Applications and prevailing wage determinations already certified before that date generally remain valid through their stated validity period, but any new LCA or wage determination filed after July 1 needs to reflect the updated figures. Employers planning H-1B amendments, extensions, H-1B1 or E-3 filings, or PERM cases in the coming months should confirm wage levels, worksite locations, and occupational classifications against the current data before filing, rather than assuming last spring’s numbers still apply.

There’s also a broader vetting and screening backdrop worth tracking, separate from any individual case. Litigation over enhanced screening policies for certain nationalities has been active throughout the summer, and while a court has currently ordered USCIS to keep processing affected cases, USCIS has said publicly that it intends to continue strengthening screening and vetting procedures generally. That doesn’t change anything about a specific pending H-1B case today, but it’s a reason to keep an eye on developments rather than assume the current posture is permanent.

Finally, this window is a natural point to look past October 1 itself. For H-1B employees who will need a green card eventually, the months before and after the start date are often the most efficient time to begin PERM recruitment or evaluate other permanent residence strategies, since doing so early can avoid a scramble later when H-1B time limits start to become a real constraint. Employers who treat the post-filing period as a planning opportunity, rather than dead time before the next cap season, tend to have fewer surprises when October arrives.

Frequently Asked Questions

My H-1B case was selected and filed. What’s left to do before October 1?

Confirm whether each employee is changing status domestically or needs consular processing abroad, coordinate any required travel and visa interviews well ahead of the start date, and check whether wage compliance needs updating under the new prevailing wage data.

What changed with prevailing wages on July 1, 2026?

OFLC began using updated wage data based on new Bureau of Labor Statistics estimates for the July 2026 through June 2027 wage year. Existing certified LCAs and wage determinations remain usable through their validity period, but new filings after July 1 need to reflect the updated numbers.

Does an employee changing status need a visa stamp before October 1?

No. An employee changing status from within the United States can begin H-1B employment on October 1 without a new visa stamp. An employee applying through consular processing abroad does need a visa issued before returning, which is why travel and interview timing need earlier planning.

Could USCIS run a second selection round if the cap isn’t reached?

It’s possible, but employers shouldn’t plan around it. Whether a second round happens depends on how many petitions were actually filed and approved from the initial selection, and that isn’t something employers can predict or rely on.

Is this a good time to start planning an employee’s green card process?

Often, yes. The months around an H-1B start date can be an efficient time to begin PERM recruitment or evaluate other permanent residence options, particularly for employees who will eventually run into H-1B time limits.

If you have H-1B cases moving toward an October 1 start date, or want to plan next steps toward permanent residence, our attorneys are available to help.

If you or your family members have questions about how these immigration matters may affect you, please do not hesitate to contact the immigration and nationality lawyers at NPZ Law Group. You can reach us by emailing info@visaserve.com or by visiting our website at www.visaserve.com for more information.

The content on this website is provided for general informational purposes only and does not constitute legal advice. Viewing this website or contacting our office does not create an attorney-client relationship.