United States | H-1B employer reminders for FY 2026

U.S. Citizenship and Immigration Services has not officially announced the exact start date of the H-1B fiscal year (FY) 2026 cap season, but there are important reminders regarding the H-1B electronic registration process and H-1B cap season that employers should consider with their preparations and planning for hiring foreign nationals.

Key Points:

• The new revised Form I-129, Petition for a Nonimmigrant Worker, goes into effect on Jan. 17, 2025. There will be no grace period. Prior 04/01/24 editions of the form will be rejected if received on or after Jan. 17. Instructions for using the new form can be found here.
• As documented in the USCIS and Department of Homeland Security fee schedule published on Jan. 6, 2025, the general filing fee for H-1B registration has increased to $215 per beneficiary. Employers should note that additional fees may apply, depending on various other criteria. BAL provides a free USCIS fee calculator to help with determining costs.
• USCIS has revised the regulatory definition of and criteria for H-1B specialty occupations by requiring employers to provide more detailed evidence that a position requires a degree in a specific field of study and demonstrate that the degree is “directly related” to the position’s duties. Employers should review records of current and prospective foreign national employees to identify those eligible for H-1B status for FY 2026.
• Although USCIS has not officially announced specific dates for the FY 2026 lottery process, approximate dates based on historical record suggest that the lottery registration period could open March 1, 2025.
• USCIS will begin accepting online filing for H-1B cap petitions and associated Forms I-907 for petitioners whose registrations have been selected from the designated cap lottery on April 1, 2025.

Additional Information: Updates to the FY 2026 H-1B registration process reflect the final rule for H-1B modernization published on Dec. 18, 2024, with provisions taking effect Jan. 17, 2025.

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

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