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    Home - Legal - USCIS Announces Initial FY 2026 H-1B Cap Selection: What Employers Need to Do Next
    Legal

    USCIS Announces Initial FY 2026 H-1B Cap Selection: What Employers Need to Do Next

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    USCIS Announces Initial FY 2026 H-1B Cap Selection: What Employers Need to Do Next
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    Takeaways

    • The initial drawing includes registrants under both the 65,000 regular cap and the 20,000 master’s cap.
    • Employers and attorneys have been notified of selection results through their myUSCIS accounts.
    • H-1B petitions must be filed between 04.01.25 and 06.30.25 to use the cap selection.

    USCIS announced on Mar. 31, 2025, that it has completed the initial selection process for H-1B visa cap-subject petitions for fiscal year 2026. The statutory cap is 65,000 H-1B visas (regular cap), with an additional 20,000 visas for foreign professionals with an advanced degree from a U.S. academic institution (master’s cap).

    What This Means for Employers

    Registrations marked “Selected” in the myUSCIS account may move forward to H-1B petition filing.

    Only the petitioning employer may file an H-1B petition on behalf of a selected registrant. The filing window is open from April 1, 2025, through June 30, 2025, for H-1B employment beginning Oct. 1, 2025, the start of the government’s new fiscal year.

    USCIS typically prioritizes adjudication of cap-subject H-1B petitions during the summer, so early and complete filing is strongly encouraged to ensure timely processing.

    Next Steps

    • Only the employer or authorized attorney of record can view selection results by checking their myUSCIS account.
    • Work with a Jackson Lewis attorney to prepare and file H-1B petitions for selected individuals.
    • Assess the organization’s foreign national workforce:
      • For selected individuals in the United States, ensure foreign nationals take proper steps to “bridge the gap,” where needed, to maintain continuity of work authorization until H-1B status begins.
        • See our blog on updates to cap-gap for F-1 students.
      • For selected individuals outside the United States, review the Department of State’s Visa Appointment Wait Times and procedures to make sure the individual begins planning for their visa stamping appointment.
      • For non-selected individuals, explore alternative options, including:
        • O-1 visas for those with extraordinary ability
        • L-1 intracompany transfers
        • STEM OPT or F-1 cap-gap extensions
        • J-1 visas for scholars and specialists
        • Concurrent H-1B employment with a cap-exempt institution

    Looking Ahead

    Lottery selection is just the first step. Completed H-1B petitions must be filed for USCIS review and adjudication. As in previous years, all H-1B Cap Registrations remain in consideration until the H-1B annual statutory cap is reached. If USCIS does not receive enough H-1B petitions to fulfill their annual cap, it may conduct a second selection round, likely in August.



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