H-1B Cap Season – 14 Common Misconceptions

With the FY 2027 H-1B cap registration window opening on March 4, 2026, employers and candidates are navigating a landscape defined by the new Wage-Weighted Selection Process and the Beneficiary-Centric model (see our full alert).  Reliance on “common knowledge” from previous years is now a significant liability. Below, we address the top 14 misconceptions—expanded to include industry-specific and operational myths—to help you prepare for the upcoming season.

Part I: The Lottery Mechanics & Odds

1. Misconception: “The lottery is random, so offering a higher salary doesn’t improve our chances.”

The Reality: False. For FY 2027, USCIS has replaced purely random selection with a Wage-Weighted Selection System. Entries are assigned “tickets” based on the Department of Labor (DOL) Wage Level associated with the offered salary:

• Level IV (Fully Competent): 4 entries (Highest probability).

• Level III (Experienced): 3 entries.

• Level II (Qualified): 2 entries.

• Level I (Entry-Level): 1 entry (Lowest probability).

Strategic Note: Employers cannot simply inflate the wage level to “game” the system without justifying the position’s complexity; doing so invites fraud investigations under the “Process Integrity” rule.

2. Misconception: “If a candidate gets job offers from five different companies, they have five times the chance of selection.”

The Reality: False. Under the Beneficiary-Centric rule, USCIS selects the individual (based on passport/ID), not the employer’s registration. If a candidate is registered by five companies, they still have only one unique “identity” in the lottery. Multiple registrations provide backup options (in case one employer withdraws) but do not mathematically multiply selection odds.

Strategic Note: It is important to note that USCIS will use the lowest Wage Level if there are multiple registrations by multiple employers:  if there are two employers offering Wage Level II but a third employer registers with Wage Level I selection, then a candidate will automatically be lowered into a Wage Level I consideration for all employers.

3. Misconception: “If I am selected, I can ‘transfer’ that selection to a different company that didn’t register me.”

The Reality: False. Selection is not a free-floating “ticket.” It is tied to the specific employer(s) who registered you. If Company A registers you and is selected, you cannot take that selection notice and ask Company B (who did not register you or was not selected) to file a petition for you. You are locked into the registrant(s) who won the lottery for you.

4. Misconception: “The new $100,000 H-1B fee makes sponsorship impossible for us.”

The Reality: False. Presidential Proclamation 10973 mandates a $100,000 fee, but it primarily targets beneficiaries outside the United States (Consular Processing). Candidates currently in the U.S. in valid status (e.g., F-1 students on OPT/STEM OPT) filing for a Change of Status (COS) are generally exempt from this fee.  See our alert for more details.

5. Misconception: “We must file on April 1st to ensure selection.”

The Reality: False. “First-come, first-served” filing ended years ago. The crucial deadline is the registration window (March 4 – March 19, 2026). Once selected, employers have a 90-day window (April 1 – June 30) to file. Filing on April 1st offers no higher approval probability than filing on June 15th.

6. Misconception: “Premium Processing helps you get selected in the lottery.”

The Reality: False. Premium Processing (Form I-907) only speeds up the adjudication (decision) of the petition after it has been selected and filed. It has zero influence on the lottery selection algorithm itself.

Part II: Eligibility & Scope

7. Misconception: “Only IT and Tech companies can sponsor H-1Bs.”

The Reality: False. The H-1B visa is for any “specialty occupation” that requires a specific bachelor’s degree or higher. While tech is a heavy user, H-1Bs are routinely approved for:

• Finance: Accountants, Financial Analysts, Auditors.

• Healthcare: Doctors, Physical Therapists, Medical Researchers.

• Creative: Architects, Graphic Designers, Interior Designers.

• Education: Teachers, Professors. The key is proving the connection between the degree and the job duties, not the industry sector.

8. Misconception: “H-1B sponsorship requires a full-time, 40-hour work week.”

The Reality: False. Part-time H-1B employment is fully permitted. An employer can petition for a candidate to work 10, 20, or 30 hours per week.

• Requirement: The employer must track hours carefully and pay the required hourly prevailing wage for every hour worked.

9. Misconception: “Candidates cannot be registered because they haven’t graduated yet.”

The Reality: False. You do not need a degree to register in March. You only need to possess the degree (or have completed all requirements) by the time the full petition is filed. A student graduating in May 2026 can be registered in March; if selected, the employer waits until graduation in May to file the petition.

10. Misconception: “We need to file a separate application for the ‘Master’s Cap’.”

The Reality: False. There is no separate application. USCIS runs the regular lottery first. Unselected candidates with a U.S. Master’s degree (or higher) are automatically dipped into the “Master’s Cap” pool (20,000) for a second chance. It is an automated sorting mechanism, not a separate form.

11. Misconception: “Small startups cannot sponsor H-1Bs.”

The Reality: False. Validity, not size, determines eligibility. A 2-person startup can sponsor an H-1B if it proves a valid employer-employee relationship, ability to pay the wage, and that the job is a “specialty occupation.”

Part III: Post-Selection & Logistics

12. Misconception: “Cap-Gap protection applies to everyone automatically.”

The Reality: False. “Cap-Gap” (extending F-1 status until Oct 1) only applies if the petition is filed as a Change of Status before the current OPT expires. If a student’s OPT expires March 15 and the employer files on April 1, the student enters a grace period and cannot work during the gap.

13. Misconception: “I can work from anywhere (remote) once approved.”

The Reality: False. H-1B authorizations are location-specific. The Labor Condition Application (LCA) lists specific addresses. If an employee moves to a home office in a different metropolitan statistical area (MSA), the employer must file a new LCA and H-1B Amendment before the move. Failure to do so is a major compliance violation.

14. Misconception: “I can start working as soon as I get the approval notice.”

The Reality: False. H-1B Cap status is effective October 1, 2026. Even if approved in July, you cannot work as an H-1B holder until Oct 1. (You may be able to work under Cap-Gap F-1 rules, but the H-1B clock does not start until the fiscal year begins).

Attorney Assistance with H-1B Cap Preparation and Submission

Our office will be happy to provide consultations or assistance with preparing and submitting petitions H-1B cap petitions. We offer flat fees to handle the entire application and you can contact us or request a flat fee quote. Alternatively, if you would like to schedule a consultation with an attorney to discuss a specific case (but perhaps without engaging us to help with the actual filing ), we offer phone consultations.

Conclusion

With the H-1B cap filing process changed substantially over the past several years and with very high demand expected, we urge H-1B employers to start the preparation process early and to conduct a thorough case analysis before submitting the H-1B cap lottery entry in early March.

If you wish to start a new H-1B work visa petition under this year’s quota, or if our office can be of any help, please contact us as soon as possible or submit our H-1B cap contact form.  Our attorneys and professionals stand ready to review your case, as part of our free initial consultation, and will help you prepare a strong H-1B application. Also, we invite you to subscribe to our free weekly newsletter to obtain further news and developments on this topic.