H-1B Visa Limit Hit for Fiscal Year 2026

The H-1B visa is a key part of the U.S. immigration system, allowing companies to hire skilled foreign workers for specialty jobs, like those in tech, engineering, or medicine. Every year, the U.S. government sets a cap on how many new H-1B visas can be issued, known as the “initial H-1B cap.”

Overview of the H-1B Cap for FY 2026

The U.S. Citizenship and Immigration Services (USCIS) has officially announced that the H-1B visa cap for fiscal year (FY) 2026 has been reached. This includes both the regular cap of 65,000 visas and the additional 20,000 visas allocated under the advanced degree exemption (commonly referred to as the “master’s cap”). The announcement signifies that USCIS received enough electronic registrations during the initial registration period to meet these congressionally mandated numerical limits.

Key Details About the Lottery Process

1. Electronic Registration System: USCIS utilized its electronic preregistration system to conduct a random lottery selection process. This system ensures efficiency by reducing paperwork and streamlining data exchange.
2. Beneficiary-Centric Selection: For FY 2026, USCIS continued using a beneficiary-centric selection process introduced in FY 2025. This reform ensures that each unique beneficiary is entered into the lottery only once, regardless of how many employers submitted registrations on their behalf.
3. Selection Notifications: Employers and attorneys representing selected beneficiaries were notified through their myUSCIS online accounts by March 31, 2025.

Filing Period for Selected Beneficiaries

For those whose registrations were selected:

• The filing window for H-1B petitions begins on April 1, 2025, and will remain open until at least June 30, 2025.
• Petitioners must submit Form I-129 (Petition for a Nonimmigrant Worker), along with supporting documentation such as:
  • A copy of the selection notice.
  • Proof of the beneficiary’s valid passport or travel document used during registration.
  • Evidence establishing eligibility for H-1B petition approval.

What Happens If Not Selected?

If a registration was not selected in this initial round:

• The status will remain as “Submitted” in USCIS accounts until further notice.
• There is a possibility of secondary or third-round lotteries later in FY 2026 if there are unused slots due to denials, withdrawals, or unfiled petitions from selected beneficiaries.

Alternatives for Unselected Registrations

For individuals not selected in this lottery cycle, alternative visa options include:

1. L-1 Visa: For intra-company transfers involving managerial or specialized knowledge roles.
2. O-1 Visa: For individuals with extraordinary abilities in fields like science, education, or business.
3. TN Visa: Available to professionals from Canada or Mexico under USMCA agreements.
4. Cap-Exempt H-1Bs: Petitions filed by nonprofit organizations affiliated with higher education institutions are exempt from the annual cap.

Trends and Changes in FY 2026

Several notable trends and changes impacted this year’s H-1B process:

1. Increased Registration Fee: The registration fee rose significantly from $10 to $215 per beneficiary starting with FY 2026.
2. Higher Selection Rate: Early reports suggest an estimated selection rate of approximately 35–40%, reflecting fewer total registrations compared to previous years.
3. Fraud Prevention Measures: USCIS implemented stricter integrity measures to combat fraudulent multiple registrations by employers attempting to unfairly increase selection chances.

Conclusion: The initial H-1B cap for FY 2026 has been reached, marking another competitive year for this highly sought-after visa program. Employers with selected beneficiaries must now prepare and submit complete petitions within the designated filing window to secure approvals.

Sources:

1. Ogletree Insights
2. Times of India
3. USCIS Official Page
4. Visa Lawyer Blog