As we approach the H-1B cap season for Fiscal Year (FY) 2026, it is crucial for employers to understand the process, adhere to deadlines, and be aware of recent changes, particularly regarding fees. This advisory provides an overview for how Ballard Spahr's Immigration Group can help employers navigate this H-1B cap season effectively.
Understanding the H-1B Cap Lottery
The H-1B visa program allows U.S. employers to temporarily employ foreign workers in specialty occupations requiring specialized knowledge and a bachelor's degree or higher. Each fiscal year, there is a statutory cap of 65,000 H-1B visas, with an additional 20,000 visas available for individuals holding a U.S. master's degree or higher.
The lottery system for the H-1B cap exists because the number of H-1B visa petitions submitted each year significantly exceeds the annual statutory cap of 85,000 visas. This random selection process ensures fairness in allocating visas when demand surpasses supply. The lottery is conducted in two stages:
- Regular Cap Selection: U.S. Citizenship and Immigration Services (USCIS) first selects from all registered beneficiaries for the 65,000 regular cap.
- Advanced-Degree Exemption Selection: Once the regular cap is filled, USCIS conducts a second lottery for the 20,000 advanced-degree exemption, limited to candidates with U.S. master's degrees or higher.
Employers and their candidates will be notified through the USCIS online system if their registration is selected, and only those selected can proceed to file full H-1B petitions during the designated filing window.
Key Dates and Registration Period
While USCIS has not yet announced the specific dates for the FY 2026 H-1B cap registration period, it is anticipated to open in early March 2025, based on previous years' timelines. For instance, in FY 2025, the registration period ran from March 6 to March 22, 2024.
Increased Registration Fee
A significant change for the FY 2026 H-1B cap season is the increase in the H-1B registration fee. Effective April 1, 2024, the fee has risen from $10 to $215 per registrant. This nonrefundable fee applies to each prospective beneficiary and must be paid at the time of electronic registration.
Which Employees Benefit From H-1B Visa Classification?
- Recent college graduates
- Employees with OPT work authorization
- Employees with H-4 EAD work authorization
- TN employees
- L-1B employees
- E-2, E-3, H-1B1 employees
Conclusion
The H-1B cap season for FY 2026 brings notable changes, particularly the increased registration fee. Early preparation and staying informed about USCIS announcements are essential steps for employers and prospective H-1B applicants. By understanding the process and adhering to deadlines, you can enhance the likelihood of a successful H-1B petition.
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