FY 2026 H-1B Cap Reached: What Employers and Employees Need to Know
U.S. Citizenship and Immigration Services (USCIS) has announced that it has received enough petitions to meet both the 65,000 regular H-1B cap and the 20,000 U.S. advanced degree exemption (master’s cap) for Fiscal Year (FY) 2026. This marks the official closure of new cap-subject petitions for the year, a significant milestone in the annual H-1B visa cycle.
What Happens Next?
Although USCIS will no longer accept cap-subject H-1B petitions for FY 2026, it will continue to accept and process cap-exempt petitions. These include petitions filed for:
- Current H-1B workers who have already been counted against the cap and still hold a valid cap number;
- Extensions of stay for current H-1B workers;
- Changes to the terms of employment for current H-1B workers;
- Transfers to new employers for current H-1B workers;
- Concurrent employment in additional H-1B positions.
Impact on Employers and Employees
U.S. employers planning to hire new foreign workers under the H-1B program this fiscal year will need to wait until the FY 2027 cap season begins, typically in March 2026. However, employers can still file petitions for cap-exempt candidates or current H-1B holders changing employment circumstances.
Stay Informed
USCIS encourages petitioners to subscribe to their H-1B Cap Season page for updates and guidance. Staying updated is essential for timely preparation and strategic planning for future H-1B filings.
The H-1B visa remains a vital pathway for U.S. businesses to recruit highly skilled foreign professionals in specialty occupations such as IT, engineering, and healthcare.
Key Takeaway
The FY 2026 H-1B cap is now closed for new petitions. Employers and employees should focus on cap-exempt options and prepare early for the next filing season.
Schedule a Consultation with an Immigration Lawyer
Citation:
We Can Help!
If you have questions about H-1B Visa, we invite you to contact our team at Richards and Jurusik for detailed guidance and assistance. We aim to provide the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping people work and live in the United States. Please read some of our hundreds of 5-star client reviews! Contact us today to assess your legal situation.
REBECCA KROLL is an Associate Attorney at Richards and Jurusik who practices exclusively in U.S. immigration law, focusing on both business and family-based immigration. She assists clients with employment-based visas, marriage and family cases, and the U.S. citizenship process. (Full Bio)
