USCIS has completed the initial selection process for the FY 2026 H-1B cap, encompassing both the standard cap of 65,000 visas and the additional 20,000 visas allocated for individuals holding advanced degrees from US institutions.
Employers with selected registrations have been notified and are now eligible to file H-1B cap-subject petitions for these beneficiaries. The filing window is open from April 1 through June 30, 2025.
H1B FY 2026 selection
Through a random selection process, USCIS has chosen sufficient unique beneficiaries to satisfy the statutory cap limits and has notified employers whose registrations were selected. Employers can now view the outcome of their registrations through their USCIS online accounts. Registration statuses are updated accordingly, and further details about the process are available on USCIS’s H-1B Electronic Registration Process webpage.
H1B filing requirements
Starting April 1, 2025, petitioners with selected registrations may submit H-1B cap-subject petitions for FY 2026. Petitions must relate to a beneficiary named in a valid, selected registration, and only these employers are eligible to file during the designated filing window.
Petitions must be submitted either online via my.uscis.gov or to the appropriate physical filing address as indicated on the selection notice.
Each petition must include:
- A copy of the selection notice.
- Evidence of the beneficiary’s valid passport or travel document used during registration.
- Form I-129, Petition for a Nonimmigrant Worker.
- A certified Labor Condition Application (LCA).
- All applicable filing fees.
It’s important to remember that selection through registration only grants eligibility to file a petition—it does not guarantee that the petition will be approved. Petitioners must still demonstrate that both they and the beneficiary meet all eligibility criteria under H-1B regulations.
The petition filing period will run for a minimum of 90 days from the start date.
Employers are urged to act promptly and ensure that petitions are fully compliant to avoid delays or denials.
It’s important to note that selection in the registration process only grants eligibility to file a petition; petitioners must still demonstrate that both they and the beneficiary meet all eligibility criteria under H-1B regulations.
Recent reports indicate that USCIS has begun issuing Requests for Evidence (RFEs) to some H-1B applicants, citing “potentially adverse information” and requesting additional documentation, including biometric data. These RFEs have raised concerns among immigration attorneys due to their vague nature and the lack of specific information provided to applicants. The American Immigration Lawyers Association (AILA) is currently investigating the scope and impact of these RFEs on the H-1B application process.
Potential for additional selections
If USCIS does not receive enough petitions to meet the annual cap, it may conduct additional selections from the remaining registrations. Registrations not selected in the initial round will remain in “Submitted” status and may be considered in subsequent rounds.
Options for Non-Selected Registrants
For those not selected in the initial H-1B lottery, several alternative pathways may be available. Certain employers, such as institutions of higher education and nonprofit research organisations, are exempt from the H-1B cap. Employment with these organisations may provide an alternative route. Depending on individual circumstances, other visa options such as the O-1 visa for individuals with extraordinary ability or the L-1 visa for intracompany transferees may be viable alternatives.
Individuals may also opt to re-enter the H-1B lottery in subsequent fiscal years.
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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.
