The FY2027 H-1B Filing Deadline Has Passed: What Texas Employers Should Do Now
The June 30, 2026 deadline to file FY2027 H-1B cap-subject petitions has come and gone. If your company was selected in the lottery but did not file by the deadline, that selection has been permanently voided. USCIS does not offer extensions, grace periods, or exceptions for missed cap filing deadlines.
That is a difficult reality, but it is not the end of the road. Texas employers who missed the window still have options for bringing or retaining skilled workers, and smart planning now can position your company for a much stronger filing next year. Attorney Alfredo Lozano, Board Certified in Immigration and Nationality Law by the Texas Board of Legal Specialization, works with employers across San Antonio, Eagle Pass, and San Angelo to develop visa strategies that keep businesses staffed and compliant regardless of H-1B lottery outcomes.
This article covers what the missed deadline means, the alternative visa categories available right now, and how to build a stronger filing strategy for FY2028.
What Happens When the H-1B Cap Deadline Is Missed
When USCIS does not receive a cap-subject H-1B petition by the filing deadline, the consequences are straightforward. The employer’s lottery selection is permanently canceled, and the visa number allocated to that registration is released back into the available pool. USCIS may reallocate that number to a waitlisted registration during a secondary lottery later in the summer, but that benefits a different employer and beneficiary.
The named beneficiary cannot be petitioned for H-1B cap-subject status until the next registration period, which opens in March 2027 for FY2028. The beneficiary’s current immigration status is not directly affected. If the worker holds F-1 OPT, L-1, TN, or another valid status, that status continues according to its own terms and expiration dates.
However, there is an important timing issue for F-1 OPT workers. The “cap gap” automatic extension of OPT status was tied to a timely-filed H-1B petition. Without that filing, the cap gap does not apply. If you employ an OPT worker whose authorization is approaching its end date, consult with an immigration attorney immediately to evaluate your options.
Alternative Visa Categories for Texas Employers
The H-1B is far from the only work visa available. Depending on the worker’s qualifications, nationality, and your company’s situation, several alternatives may provide a path forward without waiting for next year’s lottery.
TN Visa for Canadian and Mexican Professionals
If your prospective employee is a Canadian or Mexican citizen, the TN visa under the USMCA may be an excellent alternative. TN status does not require a lottery, does not have an annual cap, and can be obtained relatively quickly. For Texas employers near the border, the TN visa offers a particularly practical solution. Mexican professionals can apply directly at the consulate or at a port of entry. TN status is granted in three-year increments and can be renewed indefinitely.
E-1 Treaty Trader and E-2 Treaty Investor Visas
Companies engaged in substantial trade with a treaty country or making a qualifying investment in a U.S. business may sponsor workers under the E-1 or E-2 visa categories. These are especially relevant for Texas businesses with cross-border operations along the Eagle Pass-Piedras Negras trade corridor and in the San Antonio international business community. E visas do not require a lottery, are not subject to annual caps, and can be renewed as long as the qualifying trade or investment continues.
L-1A Intracompany Transferee
If the worker is currently employed at a related company abroad, the L-1A visa allows transfer of executives and managers to a U.S. office. The L-1A does not require a labor market test, is not subject to an annual cap, and can lead to a green card through the EB-1C multinational manager category. The worker must have been employed by the foreign entity for at least one continuous year within the preceding three years in an executive or managerial capacity.
PERM Labor Certification and Employment-Based Green Cards
Rather than cycling through temporary visa categories, some employers may benefit from beginning the permanent residence process directly. PERM labor certification is the first step in most employment-based green card cases. The process involves prevailing wage determination, recruitment, and filing with the Department of Labor. Starting now means your employee could have a green card case well underway by the time the FY2028 H-1B lottery rolls around.
EB-1A Extraordinary Ability and EB-5 Investor
Workers with extraordinary ability in the sciences, arts, education, business, or athletics may qualify to self-petition for a green card without employer sponsorship under the EB-1A category. Separately, entrepreneurs planning to invest in a new U.S. commercial enterprise may qualify for an EB-5 investor green card. The standard investment amount is $1,050,000, or $800,000 for investments in targeted employment areas, which includes many rural and high-unemployment zones across Texas.
Protecting Workers Currently in Valid Status
If your employee is currently in the U.S. on another valid nonimmigrant status, the missed H-1B deadline does not necessarily disrupt their ability to work. However, you should take immediate steps to secure their continued authorization.
Review the expiration date of the worker’s current status and any employment authorization documents. If an extension or change of status is needed, file it before the current status expires to preserve the worker’s ability to remain and work while the new petition is pending.
For workers on OPT, determine whether STEM OPT extension eligibility applies. STEM OPT provides an additional 24 months of work authorization beyond the initial 12-month OPT period, which could bridge the gap until the FY2028 filing season. The employer must be enrolled in E-Verify, and a formal training plan on Form I-983 must be filed. For workers on other statuses such as TN, L-1, or E-2, evaluate whether the current category can be extended or renewed.
Building a Stronger FY2028 H-1B Strategy
The FY2028 H-1B registration period will open in March 2027, with selections expected in late March or early April. Here is what you should do now to avoid repeating this year’s outcome.
Start preparation early. Have the job description, organizational chart, support letter, and beneficiary credentials ready before registration opens. If the position requires a credential evaluation for a foreign degree, order it now.
Understand the wage-weighted selection system. USCIS now weights H-1B lottery selections by wage level, giving higher-wage positions a better chance of selection. Positions offered at Level 1 wages face significantly lower selection odds than those at Level 3 or Level 4.
Budget for all fees in advance. The total cost of an H-1B petition can exceed $6,000 depending on employer size and processing options. Have your payment method set up in the USCIS online system well before registration opens. Paper checks are no longer accepted.
File the LCA immediately after selection. The Labor Condition Application must be certified by the Department of Labor before the petition can be filed, and certification takes 7 to 10 business days during normal periods but often longer during peak season. Filing the LCA the day after selection gives you maximum time to assemble the petition.
Consider multiple visa strategies simultaneously. Do not put all your workforce planning into the H-1B lottery. Evaluate whether TN, E-2, or L-1 could work for some positions. Starting a PERM case in parallel means that even if next year’s lottery does not go your way, your employee may already be on a path to permanent residence.
Common Mistakes That Lead to Missed Deadlines
Understanding what went wrong helps prevent the same outcome next year. The most frequent causes include waiting for LCA certification before starting any other preparation, underestimating the time needed for foreign credential evaluations and end-client letters, discovering at filing time that electronic payment is not set up, and assuming someone else is handling a critical step when responsibility has not been clearly assigned.
Each of these delays compounds the others. An employer who files the LCA on day one after selection and prepares all other components in parallel has weeks of margin. An employer who waits to start until the LCA is approved may have only days.
Texas Employers Face Unique Opportunities
Texas has one of the largest foreign-born workforces in the nation, and the state’s economy across technology, healthcare, energy, and professional services creates ongoing demand for skilled international talent. San Antonio’s growing tech corridor, the cross-border trade relationships along the Rio Grande, and the military-adjacent industries around San Angelo and Joint Base San Antonio all rely on immigration pathways to fill critical roles.
Working with a Texas-based immigration attorney who understands both federal immigration law and the local business landscape gives employers a real advantage. Attorney Alfredo Lozano, who attended the Tecnologico de Monterrey in Mexico and is a member of the American Immigration Lawyers Association and the State Bar of Texas, brings cross-border perspective and business immigration experience to every employer engagement.
Frequently Asked Questions
Can my company file the same H-1B petition late?
No. The cap filing deadline is absolute. Once it passes, the lottery selection is permanently voided. Your company must wait for the next fiscal year’s registration period to try again.
Will there be a secondary H-1B lottery for FY2027?
USCIS may conduct additional selection rounds from the waitlist if not enough petitions were filed by selected registrants. However, these additional selections go to other employers and beneficiaries, not to those who missed the deadline.
Can I change the worker to a different visa while waiting for next year?
Potentially, yes. If the worker qualifies for TN, L-1, E-1, E-2, or another nonimmigrant category, a change of status or new visa application can be pursued independently of the H-1B process.
What happens to my employee who is on OPT?
If the H-1B petition was not timely filed, the cap-gap extension does not apply. Check whether the employee qualifies for STEM OPT extension, which provides an additional 24 months and does not depend on H-1B filing. The employer must be enrolled in E-Verify.
Should I start the green card process instead?
For key employees you plan to retain long-term, beginning the PERM labor certification process now may be a better investment than relying solely on next year’s lottery. The green card process takes longer but results in permanent work authorization.
Is premium processing available for alternative visa categories?
Premium processing is available for some categories, including certain L-1 and I-140 petitions. Availability varies by visa type and USCIS workload. Your immigration attorney can advise on current processing times and whether premium processing is appropriate for your situation.
Take Action Now
Missing the H-1B deadline is frustrating, but delay only compounds the problem. Whether you need to secure alternative status for a current employee, evaluate visa options for a new hire, or build a stronger strategy for next year’s H-1B season, the time to act is now.
