Uncertainty continues to surround the new presidential proclamation on H-1B visas, as critical operational details remain unresolved. Employers, attorneys, and H-1B beneficiaries alike should proceed with caution and be prepared for additional guidance and possible changes in the days ahead. We have published a more detailed overview of the proclamation, but in response to the immediate concerns raised by our community, we have prepared answers to some of the most pressing questions. These responses are based on the latest guidance from United Citizenship and Immigration Services (“USCIS”) and other official sources.
Read moreNavigating the New H-1B Executive Action: Advisory for H-1B Visa Holders
On Friday, September 19, 2025, President Trump issued a proclamation, “Restriction on Entry of Certain Nonimmigrant Workers,” putting into effect a ban on H-1B specialty occupation employees from entering the United States as of September 21, 2025, unless their employer had paid a $100,000 fee for the sponsored employee. The announcement was unclear and seemed to imply that the newly imposed fee was applicable to all H-1B visa holders who were outside of the US on the 21st of September. As a result, a frenzy besieged the employment-based immigration community with many H-1B workers receiving “urgent e-mails…with travel advisories to remain in the US and asking those outside the country to return before the 12:01AM deadline on Sunday, September 21st.
Read moreUSCIS Reaches Fiscal Year 2026 H-1B CAP
United States Citizenship and Immigration Services (“USCIS”) announced on July 18, 2025, they had reached the H-1B Cap for fiscal year 2026. The Service reported having received enough petitions to reach the congressionally mandated limits for the H-1B visa regular cap, as well as the advanced degree exemption (master’s cap) for FY2026. The agency conducted a single lottery selection from selections that were submitted in March 2025 and will not be conducting any further selection lotteries for FY2026.
For those not selected, remember there may still be hope.
USCIS Completes Selections from Electronic Registrations for FY2026 H-1B Cap
On March 31, 2025, United States Citizenship and Immigration Services (“USCIS”) announced they had received enough initial electronic registrations for unique individuals for the fiscal year 2026 (“FY26”) H-1B cap, as well as the advanced degree exemption (master’s cap) and have randomly selected enough properly submitted registrations. The Service has completed the notifications to all employers who submitted online registrations. Those with selected registrations may begin filing H-1B cap subject petitions for FY2026 as of April 1, 2025 and the period to file their petition with the service will be at least 90 days. Petitions may be filed either on paper at the correct filing location or online at my.uscis.gov within the filing period that is indicated on the selection notice.
Read moreFY2026 H-1B Lottery Kick Off
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.
Read moreUSCIS Reaches Fiscal Year 2025 H-1B CAP
United States Citizenship and Immigration Services (“USCIS”) announced on December 2, 2024, they had reached the H-1B Cap for fiscal year 2025. The Service reported having received enough petitions to reach the congressionally mandated limits for the H-1B visa regular cap, as well as the advanced degree exemption (master’s cap) for FY2025. USCIS will be sending non-selection notices to registrants through their online accounts “over the next few days.”
Employers submitted registrations for 442,000 unique beneficiaries during FY 2025 H-1B cap registration period. USCIS went on to conduct two lottery selections, one in March 2024 and another in August 2024. For those not selected, remember there may still be hope.
The Aftermath of the H-1B Fiscal Year 2025 Visa Lottery: Next Steps and Alternatives
In April this year, United States Citizenship and Immigration Services (“USCIS”) announced they had received sufficient electronic registrations for unique individuals for the fiscal year 2025 (“FY2025”) cap, including the advanced degree exemption (master’s cap). USCIS randomly selected properly submitted registrations and notified all employers.
Those with selected registrations were able to begin filing H-1B cap subject petitions for FY2025 as of April 1, 2024. The deadline for filing H-1B cap subject petitions online, based on a valid registration selection notice, was June 30, 2024, and paper-based H-1B cap subject petitions had to be received at a USCIS Lockbox Facility by July 1, 2024 (since June 30 was a Sunday).
Read moreChanges to H-1B Visa Lottery Registration Finalized by USCIS
United States Citizenship and Immigration Services (“USCIS”) announced its intent to strengthen the integrity of the H-1B registration process by introducing changes to the current electronic registration system. The final rule published on February 2, 2024, aims to ensure that regardless of how many H-1B registrations are submitted on behalf of a foreign national, the odds of that person being selected in the H-1B lottery will not increase. The new rule implements a “beneficiary-centered selection process for H-1B registrations”, which means that instead of selecting by registration, which has been the norm since 2020, USCIS will select registrations by the unique beneficiary.
Read moreUSCIS Releases Record FY24 H-1B Registration Numbers and Launches Investigation into Fraudulent Entries
Following up on its March 27, 2023 announcement that it had received enough initial registrations for the Fiscal Year 2024 (“FY24”) H-1B Cap, United States Citizenship and Immigration Services (“USCIS”) has released data about the number of registrations received for the visa lottery. USCIS received a record breaking 780,884 H-1B registrations during the three week registration period. Of these over 780 thousand registrations, USCIS determined 758,994 were eligible registrations. This figure excludes duplicate registrations, those with failed payments, and those that were deleted by prospective employers prior to the closing of the registration period. The number of registrations for FY24 mark a sixty-one percent increase from 474,421 eligible registrations received for FY23. This significant increase has raised “serious concerns” and USCIS has begun to investigate potential employers who may have worked together to submit multiple registrations on behalf of the same beneficiary to increase their chance of being selected in the H-1B lottery.
Read moreUSCIS Completes Electronic Registration for FY2024 H-B Cap
On March 27, 2023, United States Citizenship and Immigration Services (“USCIS”) announced they had received enough initial electronic registrations for the fiscal year 2024 (“FY24”) H-1B cap, including the advanced degree exemption (master’s cap). Consequently, the Service has notified all prospective petitioners whose registrations were randomly selected that they are eligible to file cap-subject H-1B petitions for the named beneficiary in the selected registration.
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