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U.S. Citizenship and Immigration Services (USCIS) announced July 18, 2025, that it has received enough H‑1B petitions to reach both the regular cap of 65,000 and the advanced U.S. degree exemption of 20,000 for fiscal year 2026. This means no additional cap‑subject H‑1B petitions can be filed for positions starting before Oct. 1, 2026. Employers that did not have a registration selected this season will not be able to sponsor a foreign national for a cap‑subject H‑1B until the next registration window opens in early 2026 for employment beginning Oct. 1, 2026.
Certain H‑1B filings remain unaffected by the cap. Employers may continue to file cap‑exempt petitions for qualifying nonprofit organizations, research institutions, and affiliated entities, as well as H‑1B amendments, extensions of stay, and changes of employer for individuals already in H‑1B status. These petitions are not subject to the annual numerical limits and can be filed at any time.
For U.S. employers, reaching the cap closes one of the most frequently used pathways to hire foreign talent in specialty occupations for the coming fiscal year. Employers with employees who were not selected should begin evaluating alternatives. Depending on the individual’s background and the position, options may include the O‑1 visa for individuals with extraordinary ability, the L‑1 visa for intracompany transferees, the TN visa for Canadian and Mexican professionals, the E‑2 or E‑3 visas for eligible nationals, or pursuing cap‑exempt H‑1B employment through certain nonprofit or research institutions. Some employers may also consider using F‑1 OPT and STEM OPT extensions to bridge employment until the next H‑1B cycle.
It is important to note that the H‑1B cap season operates on an annual basis. USCIS typically opens the electronic registration period in March, conducts its selection process shortly thereafter, and then allows employers with selected registrations to submit petitions for an October start date. The next opportunity to file a new cap‑subject H‑1B petition will be after the registration window opens in early 2026.
Given increased worksite visits and enforcement actions by both Immigration and Customs Enforcement (ICE) and the Fraud Detection and National Security (FDNS) Directorate, employers should maintain strong compliance practices and ensure that their immigration files and public access files are up to date and in order.
Employers may wish to consult with experienced immigration counsel, who can help assess available options, prepare strong petitions for selected beneficiaries, develop a strategy for next year’s H‑1B registration season, and advise on compliance programs to mitigate enforcement risks.
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Find Your Next Job !
U.S. Citizenship and Immigration Services (USCIS) announced July 18, 2025, that it has received enough H‑1B petitions to reach both the regular cap of 65,000 and the advanced U.S. degree exemption of 20,000 for fiscal year 2026. This means no additional cap‑subject H‑1B petitions can be filed for positions starting before Oct. 1, 2026. Employers that did not have a registration selected this season will not be able to sponsor a foreign national for a cap‑subject H‑1B until the next registration window opens in early 2026 for employment beginning Oct. 1, 2026.
Certain H‑1B filings remain unaffected by the cap. Employers may continue to file cap‑exempt petitions for qualifying nonprofit organizations, research institutions, and affiliated entities, as well as H‑1B amendments, extensions of stay, and changes of employer for individuals already in H‑1B status. These petitions are not subject to the annual numerical limits and can be filed at any time.
For U.S. employers, reaching the cap closes one of the most frequently used pathways to hire foreign talent in specialty occupations for the coming fiscal year. Employers with employees who were not selected should begin evaluating alternatives. Depending on the individual’s background and the position, options may include the O‑1 visa for individuals with extraordinary ability, the L‑1 visa for intracompany transferees, the TN visa for Canadian and Mexican professionals, the E‑2 or E‑3 visas for eligible nationals, or pursuing cap‑exempt H‑1B employment through certain nonprofit or research institutions. Some employers may also consider using F‑1 OPT and STEM OPT extensions to bridge employment until the next H‑1B cycle.
It is important to note that the H‑1B cap season operates on an annual basis. USCIS typically opens the electronic registration period in March, conducts its selection process shortly thereafter, and then allows employers with selected registrations to submit petitions for an October start date. The next opportunity to file a new cap‑subject H‑1B petition will be after the registration window opens in early 2026.
Given increased worksite visits and enforcement actions by both Immigration and Customs Enforcement (ICE) and the Fraud Detection and National Security (FDNS) Directorate, employers should maintain strong compliance practices and ensure that their immigration files and public access files are up to date and in order.
Employers may wish to consult with experienced immigration counsel, who can help assess available options, prepare strong petitions for selected beneficiaries, develop a strategy for next year’s H‑1B registration season, and advise on compliance programs to mitigate enforcement risks.
More Upcoming Events
Sign Up for any (or all) of our 25+ Newsletters
You are responsible for reading, understanding, and agreeing to the National Law Review’s (NLR’s) and the National Law Forum LLC’s Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free-to-use, no-log-in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only. Any legal analysis, legislative updates, or other content and links should not be construed as legal or professional advice or a substitute for such advice. No attorney-client or confidential relationship is formed by the transmission of information between you and the National Law Review website or any of the law firms, attorneys, or other professionals or organizations who include content on the National Law Review website. If you require legal or professional advice, kindly contact an attorney or other suitable professional advisor.
Some states have laws and ethical rules regarding solicitation and advertisement practices by attorneys and/or other professionals. The National Law Review is not a law firm nor is www.NatLawReview.com intended to be a referral service for attorneys and/or other professionals. The NLR does not wish, nor does it intend, to solicit the business of anyone or to refer anyone to an attorney or other professional. NLR does not answer legal questions nor will we refer you to an attorney or other professional if you request such information from us.
Under certain state laws, the following statements may be required on this website and we have included them in order to be in full compliance with these rules. The choice of a lawyer or other professional is an important decision and should not be based solely upon advertisements. Attorney Advertising Notice: Prior results do not guarantee a similar outcome. Statement in compliance with Texas Rules of Professional Conduct. Unless otherwise noted, attorneys are not certified by the Texas Board of Legal Specialization, nor can NLR attest to the accuracy of any notation of Legal Specialization or other Professional Credentials.
The National Law Review – National Law Forum LLC 2070 Green Bay Rd., Suite 178, Highland Park, IL 60035 Telephone (708) 357-3317 or toll-free (877) 357-3317. If you would like to contact us via email please click here.
Copyright ©2025 National Law Forum, LLC
