H-1B Cap 2025–2026: What Employers and Applicants Need to Know
The H-1B visa remains one of the most competitive routes into the United States for skilled professionals. Every year, tens of thousands of qualified workers seek entry through the programme, only for demand to far outstrip the limited supply. For the 2025–2026 season, that point has now been reached: US Citizenship and Immigration Services (USCIS) confirmed in July 2025 that the annual cap is met, with no second lottery scheduled.
Attention is already turning to the next cycle. Employers hoping to secure overseas talent and workers eager to build a career in the United States will need to look ahead to spring 2026, when the registration window for the 2026–2027 fiscal year is expected to open.
The H-1B Visa Explained
The H-1B programme is designed for “specialty occupations,” roles that typically require at least a bachelor’s degree or its equivalent. The visa is initially valid for three years and can be extended to six. Given its link to highly skilled work and long-term residency prospects, it has become a gateway for international professionals to integrate into the US workforce.
Because applications consistently exceed the annual quota, USCIS runs a lottery system. The allocation is divided into two tiers:
Regular cap: 65,000 visas, including 6,800 reserved for nationals of Chile and Singapore.
Master’s cap: 20,000 visas for those with a US master’s degree or higher, giving candidates an advantage as they are entered in both rounds of the draw.
Key Updates Employers Must Note
Recent changes make preparation even more critical:
Cap reached for FY 2025–2026: All places filled, no further lotteries.
Next registration window: Anticipated March 2026, covering the 2026–2027 fiscal year.
Fee increase: Since April 2024, the H-1B registration fee has been $215.
New paperwork: A revised version of Form I-129 came into force on 17 January 2025, and older versions are no longer accepted.
As USCIS itself has pointed out, “even small adjustments in rules or forms can determine whether your application is accepted.”
Who Qualifies?
Eligibility hinges on three main conditions:
- The role must be a recognised specialty occupation.
- The applicant must hold a bachelor’s degree or higher. Equivalent experience can count, with three years of work standing in for one year of university study.
- The sponsoring employer must demonstrate that no suitably qualified American workers are available.
Failure to satisfy any of these points can disqualify an applicant, making preparation essential.
Registration: Step One in the Process
Employers cannot simply file petitions on behalf of candidates. Instead, they must register electronically with USCIS. That involves:
Submitting basic details about the candidate (name, date of birth, passport information, education, work history).
Paying the $215 registration fee.
Ensuring that no duplicate registrations are filed, as these are grounds for automatic disqualification.
This system is intended to prevent abuse and to manage the consistently high volume of applications.
Lessons from the 2025–2026 Timeline
For context, the most recent lottery followed this schedule:
7 March 2025 – Registration opened.
24 March 2025 – Registration closed.
25–30 March 2025 – Selection process took place.
By 31 March 2025 – Employers notified of results.
1 April – 30 June 2025 – Petition filing period.
18 July 2025 – USCIS confirmed the cap had been reached.
The 2026–2027 cycle is expected to follow a similar timetable. Employers who start identifying potential candidates in late 2025 will be best positioned to act swiftly when the system opens again in March.
Cap-Exempt Applications
Not every petition must go through the lottery. The following are exempt from the annual cap:
Current H-1B holders changing employers.
Individuals previously counted toward the cap who are extending their stay.
Employees of universities, non-profits, or certain research organisations.
This pathway can be critical for both institutions and workers who might otherwise be caught in the bottleneck.
The Petition Stage
Once a registration is selected, employers have 90 days to file the full petition. That requires:
Form I-129, now only accepted in its revised version.
Supporting documents such as degree transcripts, professional evaluations, and job descriptions.
Payment of all relevant filing fees.
Petitions must be accurate and consistent. Minor errors—like mismatched passport details or outdated company information—can lead to a Request for Evidence (RFE) or even outright denial.
The Costs for Employers
Employers should budget several thousand dollars per case. The standard fees for the 2026–2027 season include:
Registration: $215
Basic filing fee: $780 (or $460 for small employers and non-profits)
Public Law 114-113 fee: $4,000 for firms with more than 50 employees, if half or more are on H-1B or L-1 status
Premium processing (optional): $2,805
Anti-fraud fee: $500
ACWIA education and training fee: $750 for firms with fewer than 25 employees, or $1,500 for larger firms
Asylum programme fee: $600 for firms with 26+ employees, $300 for smaller employers, waived for non-profits
Attorney fees, while variable, should also be factored into total costs.
After the Lottery
Once the filing window closes, USCIS updates the status of each registration:
Submitted – Still in consideration.
Selected – Eligible to file a petition.
Not selected – Removed from the process for that year.
Invalidated – Payment or submission error.
Processing submission – Under review.
By October, any registration not chosen is updated to “not selected.”
Alternatives for the Unsuccessful
For applicants not chosen in the lottery, several alternative visa routes exist:
L-1 visas for intra-company transfers.
O-1 visas for individuals with extraordinary ability.
E-3 visas for Australian nationals.
Cap-exempt H-1B roles with non-profits or academic institutions.
Given the time-sensitive nature of immigration, acting quickly to explore these alternatives is critical.
The Importance of Early Preparation
Employers and applicants alike are advised to start preparations months in advance. That means identifying potential candidates, collecting supporting documents such as degree evaluations, and ensuring job descriptions align with USCIS’s definition of “specialty occupation.”
Immigration lawyers stress that errors in documentation are among the most common reasons for delays or denials. As one adviser put it, “the H-1B system is highly competitive and unforgiving of mistakes.”
Looking Ahead
The closure of the 2025–2026 cap underlines the intense demand for skilled foreign workers in the US labour market. For those hoping to take part in the 2026–2027 cycle, March 2026 should already be marked on the calendar.
With higher fees, stricter compliance requirements, and updated paperwork, the margin for error has narrowed further. Employers determined to secure international talent would do well to begin preparations now. For applicants, staying informed and ready may be the difference between selection and disappointment.
The H-1B remains, as many commentators note, “one of the most valuable visas for building a career in the United States.” The next opportunity is less than a year away.