2026 H-1B Cap Season: What Employers and Employees Should Know

 

U.S. Citizenship and Immigration Services (USCIS) has announced that the initial electronic registration for the fiscal year (FY) 2026 H-1B cap season will open at noon Eastern on March 7, 2025 and will run through noon Eastern on March 24, 2025.  Beneficiaries of selected and approved H-1B cap-subject petitions will be eligible to commence employment in H-1B status in the United States on October 1, 2025

  • Employers seeking H-1B visas subject to the cap must electronically register each intended beneficiary with USCIS from March 7 through March 24.  
  • The H-1B online registration fee will be $215 per beneficiary.  
  • Employers without a USCIS online account must create an organizational account to submit the registration. 
  • If registrations exceed the available H-1B visas by March 24, USCIS will initiate a random selection process to fulfill the projected cap for FY2026 H-1B visas.  
  • Employers may submit an H-1B cap petition only for the beneficiary specified in the selected registration; no substitutions are permitted. 
  • USCIS anticipates completing the random selection process and informing employers of selected registrations by March 31, 2025
  • Master's cap registrations will be afforded two opportunities for selection in the overall process. 
  • Following the initial selection, employers with selected registrations will have a 90-day timeframe to file H-1B cap petitions for the beneficiary indicated in the selection notice. The petition filing period is expected to commence on Tuesday, April 1, 2025
  • In the event that, by the conclusion of the initial 90-day filing window, USCIS has not received a sufficient number of petitions to meet the annual H-1B quota, USCIS may designate subsequent filing windows until the H-1B statutory quota is met.  
  • The annual numerical limit (cap) consists of 65,000 new statuses/visas each fiscal year (beginning October 1 and ending September 30), with an additional 20,000 H-1Bs allocated to beneficiaries with a U.S. master's degree or higher. 

The H-1B visa is available for temporary, non-immigrant employment of highly educated foreign professionals in “specialty occupations” that require at least a bachelor's degree or its equivalent in a directly related specialty.  

To sponsor a foreign national for an H-1B visa, the employer must demonstrate that: 

  • The job qualifies as a specialty occupation (see definition below); 
  • The foreign employee holds a relevant bachelor's degree, or equivalent, and, if required by state law, an unrestricted state license, registration, or certification to practice the specialty occupation in the state of intended employment; and 
  • The employer has secured the certified labor condition application (LCA) from the U.S. Department of Labor (DOL). 

To qualify as a specialty occupation, the position must meet one of the following criteria: 

  • A bachelor's or higher degree in a directly related specific specialty, or its equivalent is typically required for entry into the occupation; 
  • A U.S. bachelor's or higher degree in a directly related specific specialty, or its equivalent, is normally required to perform job duties in similar positions within the employer’s industry in the U.S.; 
  • The employer or third party (if the beneficiary will be staffed there) normally requires a U.S. bachelor's or higher degree in a directly related specific specialty, or its equivalent, to perform the job duties; or 
  • The specific duties of the position are so specialized, complex, or unique that the knowledge required to perform them is normally associated with a U.S. bachelor's or higher degree in a directly related specific specialty, or its equivalent.  

Certain H-1B visa petitions are exempt from the annual cap and therefore do not need to go through the lottery selection process. These petitions can be filed by employers at any time and include:  

  • Extensions or amendments of previously approved H-1B petitions; 
  • Institutions of higher education or related/nonprofit entities; 
  • Nonprofit research organizations; 
  • Governmental research organizations. 

Before submitting an H-1B petition, employers must secure an LCA certification from the DOL and make the following attestations as part of the LCA: 

  • The employer will pay the H-1B worker the prevailing or actual wage (whichever is higher) for similarly qualified workers in the same geographic location; 
  • The employer will provide working conditions that will not adversely affect other similarly employed workers; 
  • There is no strike or lockout at the place of employment at the time of LCA filing; 
  • The LCA filing notice has been posted at the place of employment or given to the union bargaining representative (if applicable); and 
  • The H-1B worker has been provided with a copy of the LCA. 

Initial H-1B petitions may be approved for up to three years, with subsequent extensions for up to another three years. Typically, the H-1B worker's total period of admission may not exceed six years, with exceptions available to some H-1B holders, including beneficiaries of certain pending or approved labor certification applications or employment-based immigrant petitions. 

Effective planning is crucial to ensure timely submission of H-1B registrations and petitions. Employees are advised to verify the validity of their passports and gather all necessary documents related to immigration and travel history, education, experience, foreign credential evaluation, and other required paperwork well in advance of the H-1B filing. All foreign language documents must be accompanied by certified English translations. For employees seeking to include dependents as derivatives with their H-1B petitions, it is essential to ensure that all dependent documents are prepared and up to date. Employers who miss the H-1B filing window in March 2025 may submit petitions only during the next cap season, in March 2026, with an employment start date of October 1, 2026. 

Anna Putintseva, Esq.

If you have any questions about the H-1B visa classification or need assistance with the H-1B application process, contact Anna Putintseva at the Bousquet Holstein Immigration Group at aputintseva@bhlawpllc.com or 315-701-6372. Anna is an experienced business immigration attorney with expertise in guiding employers and employees through the preparation of H-1B and other business immigration applications. 

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