On July 18, 2025, the U.S. Citizenship and Immigration Services (USCIS) announced that it has received enough petitions to reach the congressionally mandated cap for the H-1B visa for fiscal year 2026.
What Does This Mean?
The 65,000 visas under the regular H-1B cap and the 20,000 visas under the U.S. advanced degree exemption (Master’s Cap) have both been exhausted for the 2026 fiscal year. No new H-1B cap-subject petitions will be accepted for FY 2026.
Who Can Still File?
If you are an employer or H-1B worker, you can still file for H-1B petitions exempt from the cap. USCIS will continue to accept and process H-1B petitions in the following situations:
- Extension of Stay:
To extend the amount of time a current H-1B worker may remain in the U.S. - Change in Employment Terms:
To change the job role, location, or other employment terms of an H-1B worker. - Change of Employer:
To allow an H-1B worker to transfer to a new employer. - Concurrent Employment:
To permit an H-1B worker to hold additional H-1B positions.
What’s Next?
If you missed this year’s cap, it is important to plan early for the next fiscal year. USCIS recommends subscribing to the H-1B Cap Season page for updates on future registration periods and new developments.
Stay proactive by consulting experienced immigration counsel to explore alternative visa options or strategies, especially if your business requires critical foreign talent.
