ALERT: Employers- Start Preparing for the FY 2026 H-1B Filing Season!

Employers are encouraged to prepare for the upcoming filing season for the H-1B visa program for fiscal year 2026 by creating accounts online with USCIS ahead of the registration period. The registration period will open on March 7, 2025, at 12:00 PM ET and close on March 24, 2025, at 12:00 PM ET.

The H-1B Lottery System

Cap on H-1B Visas:

The H-1B visa program has a statutory cap of 85,000 visas for each fiscal year, which is comprised of 65,000 under the general cap and an additional 20,000 reserved for individuals with advanced degrees from U.S. institutions.

Advanced degrees eligible for the 20,000 additional cap include:

Master's Degrees: Such as Master of Science (M.S.), Master of Business Administration (MBA), and Master of Arts (M.A.).
Doctoral Degrees: Including Doctor of Philosophy (Ph.D.) and Doctor of Education (Ed.D.).
Professional Degrees: Degrees that prepare individuals for specific professions, such as Juris Doctor (J.D.) for law and Doctor of Medicine (M.D.) for healthcare.

Registration Process:

During the registration period, employers must submit registrations for each beneficiary they wish to sponsor for an H-1B visa. This process occurs online through the USCIS portal.

Lottery Selection:

If USCIS receives more registrations than available visas during the registration period, it conducts a random selection process—commonly referred to as the H-1B lottery.
The lottery usually takes place the first week of April. Each beneficiary is limited to one entry, regardless of how many registrations are submitted on their behalf.

Selection Order:

USCIS first conducts the lottery for the 20,000 advanced degree exemptions.
After the advanced degree lottery is conducted, USCIS conducts a second lottery for the remaining registrations under the general cap of 65,000.

Important Clarifications About the Lottery

Not a Guarantee: Winning the lottery does not guarantee that a beneficiary will receive an H-1B visa. It means that the registration has been selected for further processing and the opportunity for an employer to submit an H-1B petition on behalf of the foreign national.
Petition Filing: Employers whose registrations are selected in the lottery must then file a complete H-1B petition with USCIS. This petition must demonstrate that the position qualifies as a specialty occupation and that the beneficiary meets the qualifications for the role.
Approval Process: After filing the petition, USCIS will review it for compliance with all legal requirements. Approval is subject to several factors, including the completeness of the application, the qualifications of the beneficiary, and the nature of the job.

Alternatives to the H-1B Visa

For employers and foreign workers who are unable to secure an H-1B visa, there are alternative visa options to consider:

E Visas: For treaty traders and investors from countries that have a relevant treaty with the U.S.
L Visas: For intra-company transferees from multinational companies, allowing the transfer of employees from foreign offices to related U.S. entities.
O Visas: For individuals with extraordinary ability in their fields, including arts, sciences, education, business, or athletics.
TN Visas: Under the United States-Mexico-Canada Agreement, TN visas allow qualified Canadian and Mexican citizens to work in the U.S. in certain professional occupations.

Getting Ready for FY 2026

As we approach the registration period, it is crucial for employers to start their preparations. The H-1B program remains a vital resource for U.S. businesses seeking to employ foreign talent in specialty occupations.

Should you have questions about the H-1B cap, advanced degree requirements, the lottery process, or alternative options, please feel free to reach out to our immigration team. We are here to assist you in navigating this complex process.