USCIS Confirms FY 2026 H-1B Cap Met, No Second Lottery
U.S. Citizenship and Immigration Services (USCIS) has officially announced that it has received a sufficient number of H-1B petitions to fulfill both the regular cap and the advanced degree exemption (master's cap) for Fiscal Year (FY) 2026. This means that for the upcoming fiscal year, which commences on October 1, 2025, no further H-1B cap-subject petitions will be accepted.
Key Details of the FY 2026 H-1B Cap:
Congressionally Mandated Cap: The H-1B visa program operates under a congressionally mandated annual cap of 85,000 visas. This total comprises:
65,000 visas for the regular cap, available to all eligible applicants.
20,000 visas specifically reserved for individuals who have earned a U.S. master's degree or higher, often referred to as the "master's cap."
Cap Reached Date: USCIS confirmed on July 18, 2025, that it had received enough petitions to meet both these allocations.
No Second Lottery for FY 2026: Unlike some previous years where demand necessitated multiple selection rounds, USCIS has explicitly stated that it will not conduct a second lottery selection for H-1B cap-subject petitions for FY 2026. This indicates that the initial lottery, conducted in March 2025, yielded enough selected registrations to fill the available visa numbers.
Registration and Selection Process Overview:
The electronic registration period for the FY 2026 H-1B cap took place in March 2025.
USCIS received approximately 336,153 unique beneficiary registrations for FY 2026.
From this pool, 118,660 beneficiaries were selected in the initial lottery, representing a selection rate of approximately 35.3%.
Employers with selected registrations then had a specific filing window, typically from April 1 to June 30, 2025, to submit the full H-1B petitions for their chosen beneficiaries. The latest announcement confirms that a sufficient number of these filed petitions have now been received and processed to reach the annual cap.
Implications for Employers and Foreign Nationals:
Closure for New Cap-Subject Petitions: For the remainder of FY 2026, USCIS will no longer accept new H-1B petitions that are subject to the annual cap.
Next Opportunity: FY 2027: The next opportunity for employers to sponsor an individual under the H-1B cap will commence with the registration period in March 2026 for the FY 2027 cap.
Cap-Exempt Petitions Continue: It is critical to note that USCIS will continue to accept and process H-1B petitions that are exempt from the annual cap. These typically include petitions filed for:
Current H-1B workers seeking an extension of their authorized stay.
Current H-1B workers seeking to change employers (H-1B transfer).
Current H-1B workers seeking to amend the terms of their employment.
Current H-1B workers seeking concurrent H-1B employment (working for an additional H-1B employer).
Petitions filed by cap-exempt organizations, such as institutions of higher education, non-profit research organizations, and government research organizations.
Recent Trends and Future Considerations:
Reduced Registrations: The number of unique beneficiary registrations for FY 2026 (approx. 336,153) was notably lower than in FY 2025 (approx. 423,028). USCIS attributes this decrease, in part, to recent changes in the registration system designed to mitigate fraud. A key change, implemented for the FY 2025 cycle, was a "beneficiary-centric" selection approach, where selection is based on unique individuals rather than multiple registrations filed for the same person, which aimed to curb fraudulent attempts to increase selection odds.
Impact on International Students: The rapid fulfillment of the cap has significant implications for international students in the U.S., particularly those on F-1 visas utilizing Optional Practical Training (OPT) or STEM OPT. For many, the H-1B visa is a critical pathway to long-term employment. Those whose registrations were not selected must now explore alternative visa options or seek employment with cap-exempt organizations.
Proposed Wage-Based Selection Rule: Discussions are ongoing within the U.S. administration regarding a potential new H-1B rule that would prioritize petitions based on wage levels rather than a random lottery. This proposed change, if finalized and implemented in future years, aims to ensure that H-1B visas are allocated to higher-skilled, higher-paying positions, which could significantly impact entry-level international graduates. However, this new rule will not apply to the FY 2026 cycle.
The consistent and rapid fulfillment of the H-1B cap each year underscores the high demand from U.S. companies for skilled foreign workers in specialty occupations, particularly within critical sectors such as technology, engineering, and healthcare.
I'm Aisha shehu
Talksocialtalka News