The H-1B registration period for the FY 2026 cap season is rapidly approaching, and employers seeking to sponsor foreign talent should prepare now and act quickly to take advantage of the once-a-year opportunity to ensure a smooth filing process. Below are key details to keep in mind.
Key Dates and Deadlines
The U.S. Citizenship and Immigration Services (“USCIS”) recently announced it will hold the H-1B electronic registration process for the fiscal year 2026 H-1B “cap” during the following period:
- Registration opens: Noon ET on March 7, 2025
- Registration ends: Noon ET on March 24, 2025
- Lottery selection: Initial selection process will be completed by March 31, 2025.
- Petition filing period for selected registrants: Following the selection announcement, there will be a 90-day period within which to submit H-1B petitions for adjudication on the merits (between April and June).
What Employers Need to Know
The H-1B cap is the annual limit of H-1B visas that can be issued in the U.S. The cap is 65,000 visas, plus an additional 20,000 for foreign professionals with an advanced degree from a U.S. institution (i.e., the “master’s cap”). Certain employers, however, are exempt from the cap, such as universities and colleges, non-profit research organizations affiliated with universities, and government research organizations. Employers are urged to consult with their Thompson Coburn immigration counsel to confirm whether they are subject to the cap and, therefore, required to register for the H-1B cap lottery.
As in prior years, the registration for the H-1B cap lottery will be administered using the online electronic registration process through the myUSCIS portal. Employers are encouraged to start creating organizational accounts now and link their account with the attorney account. Our office can provide step-by-step guidance on this process to make it as seamless as possible, so you are well positioned as soon as the registration window opens to efficiently submit your H-1B cap lottery registrations. This year, the associated government registration fee for each H-1B registration submitted has increased to $215.
The H-1B cap lottery will continue to use the beneficiary-centric selection process that was introduced last year (FY 2025). This approach ensures that each beneficiary will have the same chance of being selected, regardless of how many registrations from different employers are submitted on their behalf. An employer can only submit one registration for an individual beneficiary. The beneficiary’s identifying information is tied to their valid passport or travel document details. Note, those beneficiaries with a U.S. master’s or higher degree are subject to the master’s cap and will have higher odds of selection as in prior years. This includes those beneficiaries who will earn their degree after the registration period closes, but before submission of the H-1B petition.
The USCIS announced that the initial selection process will be completed by March 31, 2025. The USCIS will then immediately notify organizations and attorneys as to which beneficiaries have been selected via the myUSCIS portal. After the announcement, there will be a 90-day period within which to submit H-1B petitions for adjudication on the merits (between April and June). The earliest start date of approved H-1B employment is October 1, 2025.
It is prudent to review your workforce needs now and determine whether you wish to register any of your current or prospective employees for the H-1B lottery coming up very soon for a shot at the highly coveted H-1B work visa status. While most often undertaken for employees on F-1 (OPT/STEM OPT) status, it should also be considered on a case-by-case basis for other nonimmigrant status holders in the U.S., as well as employees or prospects outside the U.S. whom you would like to consider bringing stateside for employment. In addition, because of the limited supply of and overwhelming demand for H-1B visas, employers should work with their Thompson Coburn immigration counsel to develop a contingency plan, which may include evaluating other visa options, should their registration not be selected in the H-1B cap lottery. For example, for the FY 2025 H-1B cap lottery, 470,342 eligible registrations were submitted, while only approximately 30% of those were selected.
Remember, you have to be in it to win it (unless you are cap-exempt)! Early preparation is key to a successful H-1B filing. Employers must act quickly to take advantage of this annual lottery process and should engage with immigration counsel quickly to assist with identifying eligible foreign national talent for the H-1B lottery process. For guidance or assistance with questions related to the H-1B lottery, please contact our team of dedicated and experienced Thompson Coburn immigration attorneys: Fatima Khan, Carlos Ortiz, or Martha Mendez-Fischer.
