Section A: H1B application deadline 2026
There is no single H1B application deadline. For cap-subject cases, the ability to file an H1B petition depends entirely on participation in the annual registration process and on selection under that process. Only a selected registration gives an employer the right to file a cap-subject H1B petition, and that right exists only for a limited filing window.
For the 2026 cycle, the deadlines addressed in this guide relate to the official Fiscal Year 2027 H1B cap. That fiscal year governs H1B employment starting on October 1, 2026.
Important changes to the H1B registration and selection framework take effect from February 2026 and apply to this cycle.
1. How the H1B cap timeline works for FY 2027
The H1B cap operates on a fixed annual sequence. Registration comes first. Selection follows. A limited petition filing window is then issued for selected cases only. Employment can begin no earlier than October 1.
Each stage controls a different legal outcome. Missing registration removes access to the cap for the year. Missing the filing window voids the selection. Approval does not accelerate the start date. These are not procedural technicalities. They determine whether an employer can use the H1B route at all in that fiscal year.
Treating the process as a single deadline rather than a sequence of legally distinct cut-offs is one of the most common causes of failure.
| Stage | What happens | Typical timing |
|---|---|---|
| Registration | Employer submits an online H-1B registration to USCIS | Early–mid March |
| Lottery | USCIS runs the random selection for cap-subject cases | Late March |
| Petition filing | Selected employers file the full H-1B petition | April–June |
| Decision | USCIS issues approval, RFE, or refusal | Summer |
| Work start date | Approved workers can begin H-1B employment | 1 October |
2. Registration as the mandatory entry point
Registration is the only way into the H1B cap. Employers that do not submit a registration during the designated window cannot file a cap-subject H1B petition for that fiscal year, regardless of business need, role urgency, or candidate suitability.
The registration window is rigid. Late submissions are not accepted. Corrections are not permitted once the system closes. Administrative errors made at registration stage cannot be fixed later. This reflects the statutory structure of the cap and the absence of discretion once the numerical limit is engaged.
Registration does not reserve a visa number and does not guarantee a filing opportunity. It only places the employer and beneficiary into the selection process applied for that year. All meaningful deadline exposure arises after selection.
3. Selection under the revised framework
For FY 2027, selection is no longer based on a purely random model. USCIS has confirmed that selection operates under a revised, criteria-driven framework. Registration remains mandatory, but submission alone does not put all cases on equal footing.
Selection outcomes are determined by prioritisation applied within the cap. Final operational detail continues to develop, but employers should proceed on the basis that selection is no longer a matter of chance and that outcomes may differ materially from prior years.
This change shifts risk earlier in the process. Employers that treat registration as a low-stakes administrative step, with substantive planning deferred until after selection, are more likely to lose access to the H1B route altogether.
4. Why mistakes at this stage matter
Errors made at this stage often surface too late to fix. A missed registration window or an incorrect assumption about how deadlines operate may only become apparent months later, when a petition cannot be filed or a start date cannot be met.
Because the H1B cap runs on an annual cycle, these errors cannot be cured through late filing or corrective submissions. The practical effect is often the loss of a hire, delayed onboarding, or the need to restructure workforce plans around alternative visa options.
Section B: H1B selection and filing process
Selection gives an employer a right to file an H1B petition and nothing more. It does not grant status, it does not protect against refusal, and it does not extend any existing permission to work. It creates a filing opportunity that exists for a fixed period and disappears if not used correctly.
Under the current framework, that opportunity carries more weight than in previous years. Selection is no longer chance-driven. Fewer filing opportunities and clearer prioritisation mean that once a registration is selected, execution matters.
1. Petition filing windows and non-extendable deadlines
Each selected registration is issued with a case-specific petition filing deadline. That deadline is fixed. There is no flexibility and no extension. USCIS does not accept late filings and does not exercise discretion where an employer misses the window, regardless of the reason.
Internal approvals, third-party vendors, payroll sign-off, funding confirmation, or misreading the dates do not stop the clock. If a petition is not properly filed before the window closes, the selection expires. It cannot be reused, transferred to a different role, or held over for another worker.
Once the filing window has closed, the H1B option for that role is gone for the fiscal year.
2. Form I-129 control and technical rejection risk
A selected registration is only as good as the petition filed against it. Cap-subject H1B petitions have no tolerance for technical error at intake. Incorrect form editions, missing signatures, or incorrect fee payments result in rejection without substantive review.
Where a rejection occurs after the filing window has closed, there is no second attempt. The petition cannot be corrected and resubmitted. The selection is lost, even if the role clearly qualifies and the beneficiary meets all eligibility requirements.
Form errors are rarely isolated. They often sit alongside inconsistencies in job descriptions, wage information, or supporting documents. Any one of these defects can derail a filing. Combined, they increase the risk that a petition fails before it is ever considered on its merits.
3. Why filing errors now carry greater consequences
Under a criteria-driven selection model, employers should assume that selection opportunities are limited and that reliance on a second chance in the same fiscal year is unrealistic. A preventable rejection does not delay a hire. It removes access to the H1B route until the next cap cycle.
This changes the risk profile of the filing stage. The margin for error is smaller and the cost of error is higher. Employers that treat post-selection filing as routine or administrative expose themselves to avoidable loss.
Effective handling of this stage requires backward planning from the filing deadline, early preparation of LCAs and supporting evidence, and final quality control immediately before submission. Once the deadline passes, there is no corrective pathway.
Section C: H1B start dates, cap rules and exemptions
Approval of an H1B petition does not, on its own, authorise employment. Start dates, numerical limits, and exemption rules operate independently of selection and filing mechanics and often become the point at which otherwise well-managed cases break down.
These constraints are fixed by statute and policy. They do not flex to accommodate business need, project deadlines, or early approval.
1. When H1B employment can lawfully begin
For cap-subject H1B petitions approved under the FY 2027 allocation, employment cannot begin before October 1, 2026. That date is fixed. It applies regardless of when the petition is filed or approved.
Early approval does not permit early work. An employee cannot be placed on payroll, begin productive duties, or be treated as H1B-authorised before the statutory start date. Employers that plan onboarding around approval notices rather than start dates risk unlawful employment and compliance exposure.
Petitions may be filed up to six months before the requested start date. That rule governs when filing windows open each year. A petition that requests a start date outside the permitted six-month window is vulnerable to rejection, even where all other requirements are met.
2. How the numerical cap operates under the revised framework
The H1B numerical cap has not changed. Each fiscal year remains limited to 65,000 visas under the regular cap, with a further 20,000 available under the advanced degree exemption.
What has changed is how cases are selected within that limit. Selection now takes place under a prioritised framework rather than a purely random one. The cap continues to operate as a hard ceiling. Once the annual allocation is reached, no further cap-subject petitions can be accepted for that fiscal year.
The advanced degree exemption does not remove a case from the cap. It provides an additional opportunity for consideration within the same capped system. Employers should not treat it as a guarantee of selection or as a substitute for registration and proper planning.
3. Cap-exempt filings and strategic alternatives
Certain H1B petitions are not subject to the annual cap at all, and are referred to as being ‘cap-exempt‘. Qualifying higher education institutions, affiliated nonprofit entities, and nonprofit or government research organisations may file H1B petitions year-round without participating in the registration or selection process.
Cap exemptions can also apply at the individual level. Workers who have already been counted against the H1B cap in a prior fiscal year are generally not counted again. This allows most extensions, amendments, and changes of employer to proceed without exposure to annual limits, provided the individual remains within permitted stay limits.
Under a prioritised selection model, cap-exempt routes carry increased strategic value. Where exemption applies, it removes uncertainty around selection and start dates altogether. Misclassifying a role as cap-subject when it is in fact exempt can unnecessarily delay hiring and distort workforce planning.
Section D: Employer risk, planning and compliance exposure
The revised H1B framework shifts risk earlier and concentrates it. Decisions taken before registration opens now carry consequences that cannot be unwound later in the process. Once selection outcomes are issued and filing windows begin to run, there is little room to correct course.
For employers, the H1B route should be treated as a single compliance exercise with multiple hard stops, not a series of independent steps that can be adjusted as the process unfolds.
1. Planning implications of criteria-driven selection
Under a prioritised selection model, how a role is structured matters. Wage level, job level, and internal alignment around compensation and duties all feed into whether a registration is likely to progress. Employers that treat registration as an administrative task, disconnected from role design and remuneration decisions, increase the risk of non-selection.
Late-stage changes create additional exposure. Adjusting salary, location, or job scope after registration has closed may not be possible without undermining the basis on which the registration was submitted. Where internal approvals are still unresolved at registration stage, the employer may be committing to a filing position it cannot later support.
Effective planning now requires earlier coordination between HR, legal, finance, and the business. Immigration considerations should be addressed before offers are finalised, not after a registration has already been submitted.
2. Deadline risk and downstream failure points
Despite changes to selection mechanics, the most common points of failure remain procedural. Missed deadlines, incomplete filings, and preventable errors continue to account for a large proportion of lost H1B opportunities.
Delays in securing Labor Condition Application certification remain a frequent problem. While LCAs are usually processed quickly, any delay compresses the remaining filing window and reduces the time available to review and correct the petition. Employers that wait until a filing window is underway before starting LCA preparation often find themselves working without margin.
Other failure points include incorrect form editions, missing signatures, inconsistent role descriptions, or incorrect fee payments. Once a filing window closes, none of these issues can be corrected. The petition cannot be refiled, even where selection was properly obtained.
3. Workforce and onboarding consequences
The impact of H1B failure is rarely confined to immigration compliance. Missed filing opportunities often surface later as delayed start dates, gaps in work authorisation, or the loss of a candidate who cannot remain available indefinitely.
For roles tied to client delivery, regulatory coverage, or project milestones, these delays can have operational and commercial consequences. Employers may be forced to reassign work, defer projects, or revisit hiring decisions at short notice.
Given the annual nature of the H1B cap, a lost opportunity usually cannot be recovered until the next fiscal year. Employers should therefore plan on the basis that failure at any stage removes access to the route for that year and should build contingency planning and alternative visa assessment into their workforce strategy from the outset.
Section E: When H1B employment can start for FY 2027
For cap-subject H1B petitions approved under the FY 2027 allocation, the earliest lawful employment start date is October 1, 2026. This date is fixed by statute and applies regardless of how early a petition is filed or approved. Approval of the petition does not authorise earlier commencement of H1B employment.
H1B petitions may be filed up to six months before the requested start date. This rule governs when cap-subject petitions can be submitted each year and remains unchanged under the revised selection framework. Employers should ensure that the start date requested in the petition complies with this six-month rule, as an incorrect start date can result in rejection or refusal.
For beneficiaries already in the US, the October 1 start date can have direct immigration status consequences. Where a timely H1B petition requesting a change of status has been filed, cap-gap provisions may extend lawful stay and, in some cases, work authorisation through to the H1B start date. Where a petition is not filed, is rejected, or is denied, cap-gap protection does not apply.
From an employer perspective, approval timing and work authorisation timing are not the same. An H1B petition can be approved well in advance of October 1, but the individual cannot lawfully begin H1B employment until that date. Workforce planning should therefore be structured around statutory start dates rather than anticipated approval timelines.
Section F: Summary
There is no single H1B application deadline and there never has been. Access to the H1B cap depends on moving through a series of fixed stages, each with its own legal consequences if missed. For the FY 2027 cycle, those stages sit within a revised framework that takes effect from February 2026 and no longer relies on a purely random selection model.
Registration remains the mandatory entry point, but selection now operates on a prioritised basis. Once a registration is selected, the employer has a limited and non-extendable window to file a compliant petition. Miss that window, or make a technical error that leads to rejection, and the opportunity is lost for the year.
Approval does not change the statutory start date. Cap-subject H1B employment cannot begin before October 1, 2026, regardless of how early a case is approved. Employers that treat the H1B process as administrative rather than strategic are more likely to lose access to the route. Careful planning, early alignment, and strict execution are now central to using the H1B system effectively under the rules applied by USCIS.
Section G: Need Assistance?
The H1B process leaves very little room for error once a registration has been selected. Missed filing windows, incorrect assumptions about deadlines, or technical defects in the petition can all result in the loss of an entire fiscal year’s opportunity, even where the underlying role and candidate are strong.
NNU Immigration advises US employers and H1B applicants on the full lifecycle of the H1B process, including registration strategy, lottery outcomes, petition preparation and strict compliance with USCIS filing deadlines. We work with employers to manage timing risk, align immigration planning with workforce needs, and avoid preventable rejections that arise from form, fee or procedural errors.
If you have a question about the H1B application deadline, a selected registration, or whether a cap-exempt or alternative visa route may be available, speak to our experts for tailored advice.
Section H: H1B application deadline FAQs
Is there a single H1B application deadline for 2026?
No. There is no single deadline. For cap-subject cases, timing depends on three separate points: submission of a registration during the annual registration window, selection under the FY 2027 process, and filing the petition within the case-specific window issued for a selected registration. Missing any one of these points removes access to the cap for that fiscal year.
What happens if an employer misses the registration window?
If a registration is not submitted during the designated window, the employer cannot file a cap-subject H1B petition for that fiscal year. There is no late entry, correction, or discretionary exception once registration closes, even where the role is urgent or the candidate is already employed by the business.
Is H1B selection still random?
No. For FY 2027, selection no longer operates as a purely random lottery. Selection takes place under a prioritised framework confirmed by :contentReference[oaicite:0]{index=0}. Employers should not assume that outcomes from earlier cap years remain a reliable guide.
If a registration is selected, is an H1B petition guaranteed to be approved?
No. Selection only gives the employer the right to file a petition. All substantive requirements are assessed at the filing stage. A selected case can still be rejected or denied due to filing defects, evidential gaps, or failure to meet eligibility requirements.
Can an employer file an H1B petition late if the deadline is missed?
No. Petition filing deadlines are fixed. Late filings are rejected and there is no discretion to accept them, regardless of the reason for delay. Once the filing window has closed, the selection expires and cannot be reused.
Does premium processing change any H1B deadlines?
No. Premium processing only affects how quickly a petition is decided after it has been properly filed. It does not extend the registration period, the selection process, or the petition filing window.
When can H1B employment actually start?
For cap-subject petitions approved under the FY 2027 allocation, employment cannot begin before October 1, 2026. Approval of the petition does not authorise earlier employment, even if the case is approved months in advance.
Are cap-exempt H1B petitions affected by these deadlines?
No. Cap-exempt petitions are not subject to the annual registration process, selection framework, or October 1 start date. Where an employer or role qualifies for exemption, petitions may be filed year-round, subject to standard eligibility requirements.
What if an H1B petition is rejected for a technical error?
If a cap-subject petition is rejected and the filing window has already closed, it cannot be corrected or refiled. The selection is lost for that fiscal year. This is why technical accuracy at filing stage is critical.
Should employers plan alternatives alongside the H1B process?
Yes. Given the annual cap, the revised selection framework, and strict deadlines, employers should assess alternative visa options and cap-exempt routes as part of initial workforce planning rather than waiting until an H1B opportunity is lost.
Section I: Glossary
| Term | Definition |
|---|---|
| H1B cap | The annual numerical limit on new H1B visas, set by statute and applied each fiscal year. |
| Cap-subject petition | An H1B petition that is counted against the annual H1B numerical cap and requires registration and selection. |
| Registration | The mandatory electronic submission employers make to enter a worker into the H1B cap selection process. |
| Selection | The process by which USCIS identifies which registrations are permitted to proceed to petition filing under the cap. |
| Criteria-driven selection | The post-2026 H1B selection framework where registrations are prioritised using defined factors rather than random chance. |
| Petition filing window | The fixed, non-extendable period during which an employer may file an H1B petition following selection. |
| Form I-129 | The USCIS petition form used by employers to sponsor a nonimmigrant worker, including H1B workers. |
| Advanced degree exemption | The allocation of 20,000 H1B visas reserved for beneficiaries with qualifying US master’s or higher degrees. |
| Cap-exempt employer | An employer, such as a qualifying university or nonprofit research entity, that can file H1B petitions outside the annual cap. |
| Fiscal year | The US government accounting year, running from 1 October to 30 September, which governs H1B cap cycles. |
| H1B start date | The earliest date a cap-subject H1B worker may lawfully begin employment, fixed at 1 October of the relevant fiscal year. |
| USCIS | United States Citizenship and Immigration Services, the federal agency that administers the H1B program. |
Section J: Additional Resources & Links
| Resource | What it covers | Link |
|---|---|---|
| H1B overview | Official overview of the H1B visa category, eligibility, and employer obligations. | https://www.uscis.gov/working-in-the-united-states/h-1b-specialty-occupations |
| H1B registration process | Guidance on the electronic registration requirement for cap-subject H1B petitions. | https://www.uscis.gov/h-1b-registration-process |
| H1B cap season updates | USCIS announcements and updates for each H1B cap fiscal year. | https://www.uscis.gov/h-1b-cap-season |
| Form I-129 | Petition for a Nonimmigrant Worker, including current editions and instructions. | https://www.uscis.gov/i-129 |
| Labor Condition Application (LCA) | Department of Labor guidance on LCAs required for H1B petitions. | https://www.dol.gov/agencies/whd/immigration/h1b |
| H1B fees | Current USCIS filing fees and fee exemptions for H1B petitions. | https://www.uscis.gov/forms/filing-fees |
Author
Founder & Principal Attorney Nita Nicole Upadhye is a recognized leader in the field of US business immigration law, (The Legal 500, Chambers & Partners, Who's Who Legal and AILA) and an experienced and trusted advisor to large multinational corporates through to SMEs. She provides strategic immigration advice and specialist application support to corporations and professionals, entrepreneurs, investors, artists, actors and athletes from across the globe to meet their US-bound talent mobility needs.
Nita is an active public speaker, thought leader, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals.
