On July 18, 2025, U.S. Citizenship and Immigration Services (USCIS) announced enough petitions have been received and the congressionally mandated 65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree exemption, known as the master's cap, for fiscal year 2026 has been met.
USCIS' announcement confirms that no additional registration selection periods will occur for the FY 2026 H-1B cap season. Employers should expect official nonelection notices to be distributed via myUSCIS accounts in the coming days. Employers should also review candidates who were not selected this year and contact their Baker Donelson immigration attorney to discuss and evaluate alternative visa options.
USCIS will continue to accept and process petitions that are otherwise exempt from the cap. Petitions filed for current H-1B workers who were previously counted against the cap – and who still retain their cap number – are exempt from the FY 2026 H-1B cap. Petitions filed to extend H-1B status, change employers, request concurrent employment, etc., will still continue to be accepted and processed.
