February 26, 2026
As immigration lawyers, we help employers and employees navigate the annual H-1B cap season — one of the most critical times of the year for U.S. visa sponsorship. Below is a comprehensive FAQ to help you understand how the cap works, key dates, recent changes, and how to maximize your chance of success. Bear in mind that this is being posted in February 2026 and is relevant for this year’s H-1B.
What Is the H-1B Cap?
Each fiscal year, Congress limits the number of new H-1B visas available for foreign professionals in specialty occupations:
- 65,000 visas under the regular cap
- 20,000 additional visas for those with a U.S. master’s degree or higher (the advanced degree exemption)
Who Is Subject to the H-1B Cap?
The cap applies to individuals who are:
- New H-1B beneficiaries (never previously counted under the cap)
- Seeking an initial H-1B visa to begin employment in the U.S.
Not subject to the cap:
- Institutions of higher education and certain nonprofits/research organizations
- Individuals already counted under the H-1B cap (e.g., extensions, transfers)
When Is H-1B Cap Season?
- The registration period typically opens in early March each year. For example, the FY 2027 registration runs March 4–19, 2026.
- After registrations close, U.S. Citizenship and Immigration Services (USCIS) conducts a lottery if registrations exceed the annual visa limits.
- Selected employers can begin filing full H-1B petitions starting April 1.
- Beneficiaries, if approved, usually begin work on or after October 1 of the new fiscal year.
What’s New in the H-1B Lottery Process?
It is a Weighted Selection (Effective FY 2027). Under a newly effective rule, USCIS will assign more lottery entries to registrations based on the offered wage level: Higher wage levels receive more entries, improving odds for higher-paid roles. Each worker can only be selected once.
How Does the Lottery Work?
If registrations exceed the cap:
- USCIS first runs the regular cap lottery
- Unselected advanced degree registrations are then entered into the master’s cap lottery
- USCIS issues a selection notice to the employer
What Happens After Selection?
After selection:
- Employers, usually with the help of an immigration attorney, prepare and submit the H-1B petition (Form I-129) with the certified Labor Condition Application (LCA), supporting documentation, and filing fees.
- Premium processing may be available to accelerate adjudication.
- If approved as a change of status in the U.S., status typically begins on or after October 1.
- If consular processing is chosen, the beneficiary completes visa stamping abroad.
Does the $100,000 H-1B Visa Fee Change Apply to Me?
A new proclamation added a requirement for certain H-1B petitions to include a $100,000 fee for beneficiaries who are outside the U.S. or require consular processing. This rule is evolving — our team can advise whether it applies to your case.
Typical Validity and Extensions
- Initial H-1B status is usually approved for up to three years.
- Extensions can be granted up to a total of six years.
- Time spent abroad generally does not count toward the six-year limit.
- Green card sponsorship may allow additional H-1B extensions.
Need Help With Your H-1B Cap Season Strategy?
H-1B cap season is complex — from registration to lottery to filing the petition. Our experienced immigration team can:
- Identify cap-exempt status where available
- Prepare registration strategy and petitions
- Advise on wage level optimization under the new weighted lottery
- Help minimize risk of costly mistakes or missed deadlines
Contact us today to ensure your H-1B cap season filings are strategic and timely by emailing info@wildeslaw.com.
