Here we are, ready to kick off the fiscal year 2026 (“FY26”) H-1B cap. US Citizenship and Immigration Services (“USCIS”) announced the initial registration period for the FY26 H-1B cap will begin at 12pm Eastern on March 7, 2025, and run through 12pm Eastern on March 24, 2025. During this registration period, prospective petitioners and representatives will be able to submit their H-1B registrations using online accounts and pay the required fee for each registration submitted on behalf of individual beneficiaries. The Service is maintaining its beneficiary-centric selection process launched last year for FY2025.
As before, registrants will be able to access their existing organizational accounts or create new accounts in the USCIS online system. The organizational account system allows multiple individuals within an organization, such as a company or other business entity, and their legal representatives to collaborate on and prepare H-1B registrations. USCIS reports there have been a few enhancements to the organizational account system for FY2026 that will be live when registrations open on March 7th, including:
Pre-population of certain Form I-129 fields from previously selected H-1B registrations;
Users will be able to prepare a spreadsheet of H-1B beneficiary data and upload the information to pre-populate data in H-1B registrations;
Legal representatives will have the ability to add paralegals to company client accounts easier; and
Paralegals will be able to accept invitations from multiple legal representative accounts, enabling them to work with more than one legal representative, within one paralegal account.
Once the registration process is complete, USCIS will randomly select H-1B petitions for processing (i.e., through a lottery) and selection notifications will be sent to account holders. USCIS intends to notify prospective petitioners and representatives by March 31st. On April 1, 2025, USCIS will begin accepting online filing for H-1B cap petitions and associated Requests for Premium Processing for petitioners whose registrations have been selected. Petitioners will also have the option of filing a paper Form I-129 H-1B petition and any associated Form I-907 should they prefer.
This year we expect a few modifications to the H-1B cap process, including a significant increase in the H-1B registration fee, a new I-129 form, and modifications to the definition of “specialty occupation”.
H-1B Registration Fee Increase
For FY2026, the H-1B registration fee has increased to $215 per registrant. This is a non-refundable fee due to participate in the H-1B electronic registration process. The significant increase was implemented at the end of last year’s lottery registration period.
New I-129 Form Requirement
USCIS updated Form I-129 in line with the H-1B Modernization Final Rule and the new form has been in use since January 17, 2025.
Updated Definition of “Specialty Occupation”
In line with the H-1B Modernization Final Rule effective as of January 17, 2025, USCIS has updated the definition of a "specialty occupation" requiring employers to provide more detailed evidence that the position requires a degree in a specific field of study and demonstrating that the degree is “directly related” to the position's duties.
Once the registration process is complete, USCIS will randomly select H-1B petitions for processing (i.e., through a lottery) and selection notifications will be sent to account holders. USCIS intends to notify prospective petitioners and representatives by March 31st. On April 1, 2025, USCIS will begin accepting online filing for H-1B cap petitions and associated Requests for Premium Processing for petitioners whose registrations have been selected. Petitioners will be able to file Form I-129 H-1B petition and any associated Form I-907 either electronically or by paper within the period of at least 90 days specified in the case selection notice. As always we strongly encourage potential applicants to seek immigration counsel to facilitate the process but below we provide responses to commonly asked questions
FREQUENTLY ASKED QUESTIONS ABOUT THE H-1B CAP
The following will provide background and guidance on some common questions surrounding the H-1B and the H-1B cap:
1. WHAT IS THE H-1B?
The H-1B is a nonimmigrant visa for foreign nationals who will be employed temporarily in a “specialty occupation,” or as fashion models of distinguished merit and ability. A specialty occupation is defined as one that requires a bachelor’s degree in a specific field, or the equivalent experience, in order to perform the duties of the position offered. For example, architects, graphic designers, accountants, lawyers, engineers, and computer programmers are all specialty occupations and, therefore, likely to be eligible for H-1B visas. H-1B petitions are granted for up to three years at a time, for a maximum of six years. H-1B visa holders may also be sponsored for permanent residence which could allow for an extension of the H-1B petition past the six years.
Under the current law, there is an annual limit of 65,000 new H-1B’s. This is referred to as the “H-1B Cap.” There are an additional 20,000 visas available for current or prospective employees who possess an advanced degree earned at a US accredited educational institution. This is referred to as the “Master’s Cap.” New H-1B’s become available on October 1, which is the first day of the government’s fiscal year. USCIS will only start accepting petitions for a new H-1B six months prior to the beginning of their new fiscal year (i.e., April 1).
2. TO WHOM DOES THE CAP APPLY?
The cap applies only to those individuals who have never had an H-1B visa or who have been outside the US for more than a year after having held H-1B status in the US.
3. WHAT ARE SITE VISITS?
USCIS will conduct random site visits on H-1B sponsors. Therefore, with respect to H-1B petitions, petitioners should:
Be vigilant with record keeping, public access files, etc.;
Make sure that all H-1B fees are paid by the sponsor without seeking reimbursement from the foreign national; and
Withdraw petitions for foreign nationals they no longer employ.
4. WHEN CAN FOREIGN NATIONALS START WORKING IF SELECTED?
Historically, October 1st was the start date of H-1B petitions and foreign nationals could not commence work with the sponsor until October 1st. This was updated by the 2024 published final rule to modernize the H-1B program which allows a petitioner to request any start date of the fiscal year. However, the requested date may not exceed six months past the filing date of the petition.
5. WHAT ARE THE CHANCES OF MY CASE BEING SELECTED IN THE LOTTERY?
The chances of being selected depend on how many applications/registrations are received by USCIS . The beneficiary centric process has improved the odds as the beneficiary is selected regardless of how many employers file entries for an individual. Last year, USCIS received 470,342 eligible registrations from unique beneficiaries for the FY2025 cap. Of these registrations, the service selected 135,137 (approximately 28% to meet the annual H-1B quota of 85,000.