US Citizenship and Immigration Services (USCIS) has announced that the H-1B visa cap of 85,000 for the fiscal year 2026 has been reached. In a press statement, the agency stated, “We have randomly selected enough beneficiaries with properly submitted registrations projected as needed to reach the H-1B cap.” USCIS has also notified all prospective petitioners with selected beneficiaries that they are eligible to file an H-1B cap-subject petition. Petitions for FY 2026, including those qualifying for the advanced degree exemption, can be submitted starting today i.e. April 1, 2025.
What is H-1B Visa Cap
The H-1B visa cap refers to the annual limit set by the US government on the number of H-1B work visas issued to foreign professionals. The cap, as mentioned above, is currently set at 85,000 visas per fiscal year that includes:
- 65,000 visas under the regular cap for foreign workers with at least a bachelor’s degree.
- 20,000 additional visas under the advanced degree exemption (also known as the master’s cap) for those with a US master’s degree or higher.
Due to high demand, the US Citizenship and Immigration Services (USCIS) conducts a random lottery to select eligible beneficiaries when the number of applications exceeds the cap. Selected applicants can then proceed with filing an H-1B petition with USCIS.
The fiscal year starts on October 1, and petitions can be filed beginning April 1 of the same year. Some employers, such as nonprofit research organizations, universities, and government research institutions, are exempt from the H-1B cap, meaning they can file H-1B petitions anytime without going through the lottery system.
When to File an H-1B Cap-Subject Petition
As per the USCIS website, H-1B cap-subject petitions, including those eligible for the advanced degree exemption, may not be filed unless based on a valid and selected registration for the beneficiary named in the petition (unless the registration requirement is suspended).
An applicant may file an H-1B petition not more than 6 months before the employment start date requested for the beneficiary. On April 1, USCIS will begin accepting online filing for H-1B cap petitions and associated Forms I-907 for petitioners whose registrations have been selected.
Petitioners also have the option of filing a paper Form I-129 H-1B petition and any associated Form I-907 if they prefer. However, users will not be able to link paper-filed Forms I-129 and I-907 to their online accounts. For paper-filed forms, you must file the petition at the correct location. Please see our Direct Filing Addresses for Form I-129 page.
H1-B Petition Fees
The fee for each registration has increased to $215 for the FY2026 H-1B cap. The filing fee for Form I-129 (H-1B petition) has also increased from $460 to $780 for small employers and nonprofits and to $1,385 for larger employers. While the $500 fraud prevention and detection fee remains unchanged, a new $600 asylum program fee has been introduced for larger companies per petition.
