Fiscal Year 2026 H-1B Cap Season Approaching

H-1B Lottery time is coming soon! Similar to previous years, USCIS will utilize an online registration system, which requires employers to submit an abbreviated online registration for entrance into the lottery prior to submitting their H-1B petition. The registration period typically runs from the first week of March through the third week of March. If randomly selected, petitioners will most likely be notified by the end of March and will have 90 days to file their cap-subject H-1B petition, typically from April 1 until June 30 in previous years.

 If approved, the earliest that an employee can begin work in H-1B classification is October 1, 2025. If you are unable to get an H-1B cap number for this year, the next available for H-1B employment is October 1, 2026. The H-1B is a great option, for professional employees such as F-1 students who are working pursuant to Optional Practical Training (OPT) or J-1 trainees. As mentioned in our previous H-1B and H-2B worker update, H-1B Cap-Gap extensions now run through April 1 of the next fiscal year for which the petition was filed, or the start date of the H-1B petition if approved, whichever is earlier. In addition, H-1B is also a great way to elongate L-1B status past that classification’s five year maximum.

 There are only 85,000 new, "capped" H-1Bs available each year (65,000 "regular cap" H-1Bs and 20,000 "Master's cap" H-1Bs for employees who possess an advanced degree from a U.S. education institution). This "cap" does not affect individuals who already hold a valid H-1B classification in the United States.

 Please contact us now if your company would like to begin the process of preparing H-1B petitions for any of your current or prospective employees.

Regards,

Jerry Grzeca