United States Citizenship and Immigration Services (USCIS) confirmed that the Fiscal Year (FY) 2026 H-1B cap has been reached. Unlike last year, no additional selections will be made from reserve registrations this year.

USCIS conducted its initial H-1B cap lottery in March 2025, and employers with selected registrations had a 90-day window during which to file H-1B cap petitions for designated beneficiaries. This year, the number of H-1B petitions submitted by employers during the initial 90-day filing window was sufficient to meet the FY 2026 statutory cap of 20,000 visas for U.S. advanced degree holders, and 65,000 visas for “regular” cap beneficiaries.

PETITIONS NOT SUBJECT TO THE H-1B CAP

USCIS will continue to accept and process H-1B petitions that are not subject to the cap. These include filings for extensions of status, amended petitions, changes of employer, concurrent employment for existing H-1B workers, and petitions filed by organizations that are cap-exempt.

If you have any questions about this alert, please contact your Van Der Hout representative or call 415-981-3000.