The U.S. Citizenship and Immigration Services (USCIS) has announced that it has reached the initial H-1B cap for fiscal year 2026. This includes both the regular cap of 65,000 visas and the additional 20,000 visas reserved for individuals who hold a U.S. master’s degree or higher. Whether your registration was selected or not, it’s essential to understand the next steps and available options.
What Happens If Your Registration Was Selected?
If your registration was selected in the H-1B lottery, the next step is to submit your full H-1B petition. The filing period runs from April 1 to June 30, 2025, and petitions must be filed within this timeframe to be considered.
Applicants will receive a notice from USCIS with instructions for filing, which will include details about completing Form I-129 and submitting the required fees and supporting documents. Timely and accurate filing is critical to ensure the petition is processed without delays.
What If Your Registration Was Not Selected?
If your registration was not selected in the initial lottery, there may still be a chance. USCIS has, in recent years, conducted additional lottery rounds later in the year, depending on how many petitions are submitted and approved in the first round.
In the meantime, consider alternative visa options that may allow continued employment or work authorization in the United States:
L-1 Visa: For intra-company transferees in executive, managerial, or specialized knowledge positions.
O-1 Visa: For individuals with extraordinary ability in sciences, education, business, or the arts.
TN Visa: Available to qualified Canadian and Mexican professionals under the USMCA.
E-1/E-2 Visas: For treaty traders and investors from countries with U.S. trade agreements.
F-1 OPT/STEM Extension: For international students seeking temporary work in their field of study after graduation.
Staying Prepared and Informed
The H-1B process continues to be highly competitive, and navigating it successfully requires strategic planning. Employers should consult with experienced immigration counsel to ensure compliance, identify alternative visa strategies, and manage timelines effectively.
Remaining up to date on policy changes, filing requirements, and visa alternatives is essential to maintaining access to global talent and supporting long-term hiring strategies.
If you were not selected in this year’s H-1B lottery or are exploring alternative options, now is the time to assess your path forward and plan accordingly.
Have Immigration Questions?
Our federal immigration attorney Seth Finberg handles H-1B, EB-1, EB-2 NIW, O-1, EB-5, E-2, and removal defense cases nationwide.
