U.S. Citizenship and Immigration Services received enough petitions to reach the mandated 65,000 H-1B visa regular cap and the 20,000 H-1B visa master’s cap (the U.S. advanced degree exemption) for fiscal year (FY) 2026.

Key Points:

  • USCIS will continue to accept and process petitions otherwise exempt from the FY 2026 H-1B cap.
  • Petitions filed for current H-1B workers previously counted against the cap and who still retain their cap number are exempt from the FY 2026 H-1B cap.
  • USCIS will continue to accept and process petitions, including petitions filed to:
    • Extend the amount of time a current H-1B worker may remain in the U.S.
    • Change the terms of employment for current H-1B workers
    • Allow current H-1B workers to change employers
    • Allow current H-1B workers to work concurrently in additional H-1B positions

Additional Information: The H-1B program is used by U.S. businesses to employ foreign workers in specialty occupations. In March, USCIS received enough registrations to meet the FY 2026 H-1B cap. More information on the H-1B cap season can be found here.

This alert has been provided by the BAL U.S. Practice Group.

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