USCIS Announces Initial FY 2026 H-1B Cap Selection: What Employers Need to Do Next

By Jessica K. Lang on April 2, 2025

Posted in Department of State, H-1B, J-1 Exchange Visitors, J-1 Trainees, L-1A / L-1B, O-1, Other Non-immigrant Visas, Students / CPT / OPT / STEM, Temporary (Non-immigrant) Work Visas, US Immigration, USCIS

Takeaways

The initial drawing includes registrants under both the 65,000 regular cap and the 20,000 master’s cap.
Employers and attorneys have been notified of selection results through their myUSCIS accounts.
H-1B petitions must be filed between 04.01.25 and 06.30.25 to use the cap selection.

USCIS announced on Mar. 31, 2025, that it has completed the initial selection process for H-1B visa cap-subject petitions for fiscal year 2026. The statutory cap is 65,000 H-1B visas (regular cap), with an additional 20,000 visas for foreign professionals with an advanced degree from a U.S. academic institution (master’s cap).

What This Means for Employers

Registrations marked “Selected” in the myUSCIS account may move forward to H-1B petition filing.

Only the petitioning employer may file an H-1B petition on behalf of a selected registrant. The filing window is open from April 1, 2025, through June 30, 2025, for H-1B employment beginning Oct. 1, 2025, the start of the government’s new fiscal year.

USCIS typically prioritizes adjudication of cap-subject H-1B petitions during the summer, so early and complete filing is strongly encouraged to ensure timely processing.

Next Steps

Only the employer or authorized attorney of record can view selection results by checking their myUSCIS account.
Work with a Jackson Lewis attorney to prepare and file H-1B petitions for selected individuals.
Assess the organization’s foreign national workforce:
- For selected individuals in the United States, ensure foreign nationals take proper steps to “bridge the gap,” where needed, to maintain continuity of work authorization until H-1B status begins.
  - See our blog on updates to cap-gap for F-1 students.
- For selected individuals outside the United States, review the Department of State’s Visa Appointment Wait Times and procedures to make sure the individual begins planning for their visa stamping appointment.
- For non-selected individuals, explore alternative options, including:
  - O-1 visas for those with extraordinary ability
  - L-1 intracompany transfers
  - STEM OPT or F-1 cap-gap extensions
  - J-1 visas for scholars and specialists
  - Concurrent H-1B employment with a cap-exempt institution

Looking Ahead

Lottery selection is just the first step. Completed H-1B petitions must be filed for USCIS review and adjudication. As in previous years, all H-1B Cap Registrations remain in consideration until the H-1B annual statutory cap is reached. If USCIS does not receive enough H-1B petitions to fulfill their annual cap, it may conduct a second selection round, likely in August.

Stay connected with the Jackson Lewis Immigration Blog for updates, strategic insights, and guidance throughout the H-1B cap season and beyond.