The US Citizenship and Immigration Services announced on July 18 that it received enough petitions to reach the congressionally mandated 65,000 H-1B visa regular cap and the 20,000 H-1B visa US advanced degree exemption, known as the master’s cap, for fiscal year 2026. The agency said it will continue to accept and process petitions that are otherwise exempt from the cap. “Petitions filed for current H-1B workers who have been counted previously against the cap, and who still retain their cap number, are exempt from the FY 2026 H-1B cap,” USCIS said.
What does this mean?
The announcement means no newcap-subject H-1B petitions will be accepted. The next registration will open in March 2026 for FY 2027. The H-1B visa program allows US companies to hire foreign workers in special occupations requiring specific knowledge like engineering or healthcare. But of late, the program has become highly controversial as American workers complained that they are losing their jobs to people from India and China who are getting paid less. Every year, Congress sets a cap for the H-1b and for FY 2026, the cap was 85,000, including 65,000 regular visas and 20,000 reserved for applicants with advanced degrees from US institutions.
Which petitions are not affected by the cap
Extension of the amount of time a current H-1B worker may remain in the United States.Changing the terms of employment for current H-1B workersAllowing current H-1B workers to change employersAllowing current H-1B workers to work concurrently in additional H-1B positions.The registration began in March, followed by lottery selection. The petition filing window was open between April 1 to July 1. Petitions must show an employment start date of no earlier than October 1, 2025, and no more than six months from the petition receipt date to be accepted.
