Understanding the H-1B Visa Cap for Fiscal Year 2026
On July 18, the US Citizenship and Immigration Services (USCIS) confirmed that it has received enough petitions to meet the congressionally mandated caps for the H-1B visa program for fiscal year 2026. This includes the regular cap of 65,000 visas and an additional 20,000 visas reserved for individuals with advanced degrees from US institutions, commonly referred to as the master’s cap.
This announcement marks a significant milestone in the annual H-1B visa process. The USCIS clarified that it will continue to accept and process petitions that are exempt from these caps. Specifically, petitions filed for current H-1B workers who have already been counted against the cap in previous years and still retain their eligibility will not be subject to the new limits.
What This Means for Applicants
The key takeaway from this announcement is that no new cap-subject H-1B petitions will be accepted at this time. This means that any individual or company looking to apply for a new H-1B visa under the standard cap will need to wait until the next registration period, which is expected to open in March 2026 for the fiscal year 2027 cycle.
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The H-1B visa program is designed to allow US companies to hire foreign workers in specialized occupations that require theoretical or technical expertise. These roles often include fields such as engineering, information technology, healthcare, and other high-skill professions. However, the program has faced increasing scrutiny and criticism in recent years. Some American workers argue that the program leads to job displacement, as they claim that foreign workers from countries like India and China are often hired at lower wages.
How the Cap Works
Congress sets an annual limit on the number of H-1B visas available. For fiscal year 2026, the total cap was set at 85,000, comprising 65,000 regular visas and 20,000 reserved for those with advanced degrees from US universities. This structure aims to balance the needs of employers while also recognizing the contributions of highly educated foreign professionals.
Petitions Not Affected by the Cap
Certain types of H-1B petitions are not subject to the cap. These include:
- Extensions of time for current H-1B workers to remain in the United States.
- Changes in employment terms for existing H-1B workers.
- Transfers of employment to a new employer for current H-1B workers.
- Concurrent employment in additional H-1B positions for current H-1B workers.
These exemptions ensure that individuals who are already working under the H-1B program can continue their employment without being affected by the annual cap.
Registration and Filing Process
The H-1B visa registration process typically begins in March each year, followed by a lottery selection for eligible applicants. The petition filing window usually opens between April 1 and July 1. To be considered, petitions must demonstrate an employment start date no earlier than October 1, 2025, and no more than six months from the date the petition is received.
For those interested in staying updated on the latest developments related to the H-1B visa program and other important news, there are various platforms that provide comprehensive coverage. These include updates on local news, national events, business trends, and more. Whether you’re looking for entertainment, sports, or lifestyle tips, there are reliable sources that offer up-to-date information.
