The U.S. Citizenship and Immigration Services (USCIS) confirmed that it received enough substantive H-1B petitions to meet the congressionally mandated H-1B visa cap for fiscal year (FY) 2026. This encompasses both the standard 65,000 visas under the regular cap and the additional 20,000 visas designated for individuals holding U.S. advanced degrees under the “master’s cap.”
With the cap now reached, USCIS has confirmed that it does not plan to conduct any further rounds of selection for the FY 2026 season. Employers whose candidates were not selected must wait until the FY 2027 lottery, anticipated to open in early 2026. USCIS will process the CAP-subject petitions which were filed before June 30, 2025 and which have not yet received a decision.
Employers should consider exploring alternative immigration strategies for those individuals they registered who were not selected in this year’s lottery. Options may include other temporary visa categories, such as the L-1 for intracompany transfers, the O-1 for individuals with extraordinary ability, the TN for Canadian and Mexican nationals, E-3 for Australian nationals, and H-1B1 for Singaporean and Chilean nationals. In some cases, employers may consider pursuing permanent residency strategies or international assignments to retain talent.
For case-specific advice or support in navigating alternative immigration options, please contact our office to schedule a consultation.

