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The U.S. Citizenship and Immigration Services (USCIS) has announced that the H-1B visa cap for the fiscal year 2026 has been reached. This means that the agency has randomly selected enough applicants to fulfill the annual limit of 85,000 visas. Prospective petitioners with selected beneficiaries have now been notified and can begin filing their cap-subject H-1B petitions starting April 1, 2025.
The H-1B visa remains one of the most sought-after work visas for highly skilled foreign professionals, especially in fields like technology, healthcare, and engineering. Due to the high demand, USCIS employs a lottery system to select beneficiaries when applications exceed the cap. In this article, we will break down the details of the H-1B cap, filing process, and the latest fee changes.
Understanding the H-1B Visa Cap
The H-1B visa cap is a limit set by the U.S. government on the number of H-1B work visas issued each fiscal year. The total cap stands at 85,000 visas, which are divided as follows:
- 65,000 visas under the regular cap for foreign workers with at least a bachelor’s degree.
- 20,000 additional visas under the advanced degree exemption (also called the masterās cap) for applicants with a U.S. masterās degree or higher.
Since the number of applications far exceeds the cap each year, USCIS uses a random lottery system to select eligible beneficiaries. Selected applicants can then proceed to file their H-1B petitions for USCIS approval.
Some organizations, such as nonprofit research institutions, universities, and government research institutions, are exempt from the H-1B cap, meaning they can file petitions anytime without participating in the lottery.
When and How to File an H-1B Petition
Once an applicant has been selected in the lottery, they must follow specific filing rules to submit their H-1B petition:
- Petitions can be filed starting April 1, 2025, for the fiscal year that begins on October 1, 2025.
- Applicants must file within six months before their intended employment start date.
- Online filing is now available for H-1B cap petitions and associated Form I-907.
- Petitioners can still file a paper Form I-129 (H-1B petition) and any associated Form I-907. However, paper-filed forms cannot be linked to online USCIS accounts.
Applicants must ensure they file at the correct location to avoid delays or rejection.
Updated H-1B Petition Fees for FY 2026
USCIS has introduced fee increases for H-1B petitions:
– Registration fee: Increased to $215 per application.
– Form I-129 (H-1B petition) filing fee:
– $780 for small employers and nonprofits.
– $1,385 for larger employers.
- Fraud prevention and detection fee: Remains at $500.
- New asylum program fee: $600 per petition (applies to large companies).
These changes impact both applicants and employers, adding to the financial burden of hiring foreign workers.
What Undercode Says:
1. H-1B Demand Continues to Outpace Supply
Year after year, the demand for H-1B visas far exceeds the 85,000 cap. This points to an ongoing shortage of skilled labor in key industries such as IT, engineering, and healthcare. The U.S. economy continues to rely on foreign talent, yet the lottery system remains a major bottleneck for both applicants and employers.
2. Increasing Costs Could Affect Employers
The sharp rise in filing fees, particularly the new $600 asylum program fee for large companies, could discourage smaller employers from hiring foreign talent. Larger tech firms may absorb these costs, but startups and mid-sized companies might struggle with the increasing financial burden.
3. The Cap-Exempt Route Becomes More Attractive
With the lottery system limiting the number of H-1B visas issued, many skilled professionals are looking at cap-exempt employers (universities and nonprofit organizations) as an alternative route to securing U.S. work authorization.
4. Online Filing is a Step Towards Modernization
The option to file H-1B petitions online marks an important shift towards digitization within USCIS. However, the inability to link paper-filed forms to online accounts suggests that there is still room for improvement in streamlining the process.
5. Calls for Immigration Reform Grow Stronger
The H-1B lottery system has been criticized for being outdated and inefficient. Many argue that the U.S. should move toward a merit-based system that prioritizes the most qualified professionals rather than relying on random selection. Discussions around immigration reform are expected to intensify as industries continue to push for a larger quota of skilled worker visas.
6. Will There Be a Second Lottery?
In previous years, when USCIS did not receive enough complete petitions from selected applicants, they conducted a second round of the lottery. While thereās no confirmation of a second lottery for FY 2026 yet, applicants who were not selected should stay informed about any further announcements.
- The Impact of Remote Work and Global Hiring
As companies embrace remote work, some businesses are exploring alternatives such as hiring foreign talent in their home countries instead of going through the complex H-1B process. This trend could influence long-term visa policies.
- The Future of H-1B in a Changing Political Climate
With the 2024 U.S. elections behind us, immigration policies may shift based on the administration in power. While some policies aim to expand work visa options, others may impose stricter regulations. Future H-1B applicants should monitor political developments closely.
Fact Checker Results:
- H-1B cap for FY 2026 has officially been reached. ā
- Filing fees have increased, with a new asylum program fee introduced. ā
- Online filing is now available, but paper forms remain an option. ā
References:
Reported By: https://timesofindia.indiatimes.com/technology/tech-news/annual-quota-of-85000-for-h-1b-cap-visas-for-fiscal-2026-met-uscis-says-h-1b-cap-subject-petitions-can-be-filed-starting-april-1/articleshow/119869635.cms
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