Updates regarding the H-1B lottery, restrictions for visa appointment waivers and additional requirements for naturalization are included in the latest edition of the Immigration Insider.
No Additional H-1B Lottery for FY2026
The US Citizenship and Immigration Services (USCIS) has confirmed that it received enough H-1B petitions to reach the annual cap of 85,000 for Fiscal Year 2026. Therefore, a second lottery will not be conducted. USCIS received 336,153 registrations, resulting in a selection rate of approximately 35%.
The next lottery will take place in March 2026 for new H-1Bs to start October 1, 2026.
Rollback of Consulate Visa Interview Waivers
The US Department of State announced that the grounds for waiver of consular visa interviews have been further restricted. As of September 2, 2025, all non-immigrant visa applicants, including those under the age of 14 and over the age of 79, will require an in-person interview. The only exceptions are those applying for A, C-3, G, or diplomatic visas and those applicants who are renewing B visas/Border Crossing Cards within 12 months of the prior visa’s expiration. To qualify for an interview waiver, B visa/Border Crossing Card applicants must have been over 18 years old at the time of the initial application; be applying in their country of residence/nationality; have never been refused a visa; and have no apparent grounds of ineligibility.
The unavailability of interview waivers will result in significant wait times for consular visa appointments, particularly during times of heavy travel. We recommend making travel plans and scheduling visa appointments as early as possible.
Naturalization and the Requirement for Good Moral Character
Among the requirements for eligibility for naturalization is that the applicant must have “good moral character” for the statutory period (either 5 or 3 years) prior to the filing of the application for citizenship up to the time the Oath of Allegiance is administered. This has been interpreted to mean that there have not been criminal acts, civil infractions or other misconduct within the required period, even if they did not result in conviction or other penalty. The US Citizenship and Immigration Service recently announced that it will now require naturalization applicants to affirmatively provide evidence of good moral character.
The positive factors that USCIS will consider in making the “good moral character” assessment will include: sustained community involvement and contributions; family caregiving, responsibility, and ties in the U.S.; educational attainment; stable and lawful employment history and achievements; length of lawful residence; and compliance with tax obligations and financial responsibility. In addition, USCIS may request testimonial letters from the applicant’s neighbors, employers and co-workers, and in it’s discretion, may conduct telephonic/in-person interviews with these individuals to confirm that the applicant meets the good moral character requirement.
