The U.S. Citizenship and Immigration Services (USCIS) will soon open the registration period for the FY2026 H-1B visa program. Starting at noon ET on March 7, 2025, employers will be able to submit registrations for the annual H-1B lottery, which allows foreign nationals to work in the United States in specialty occupations. The registration period will close at noon ET on March 24, 2025. This year, employers should be aware that there has been a significant increase in the filing fee, which will be $215 per registration (up from $10 in previous years).

Registration Details: What Employers Need to Know

To complete an H-1B registration, employers must provide basic information about both the employer and the foreign national. This includes details about the foreign national’s qualifications, including whether they hold a U.S. advanced degree. Importantly, only one registration is allowed per employer and beneficiary combination.

If the number of registrations exceeds the annual cap, USCIS will conduct a random lottery to select the registrations that will move forward in the process. Employers will only be able to prepare and file H-1B petitions for those registrations selected in the lottery.

Post-Registration Period: Key Dates

Following the close of the registration period, USCIS will conduct the lottery and notify selected registrants by March 31, 2025. If a registration is selected, the employer will have 90 days to file the H-1B petition, beginning on April 1, 2025.

It’s important to note that USCIS may conduct additional selections from the waitlist throughout the year, until the annual quota is met.

Next Steps: Preparing for the FY2026 Cap Season

Employers should start reviewing their hiring needs to determine whether new H-1B petitions will be necessary for employees with an intended start date of October 1, 2025 or later. While reviewing your hiring plans, consider the following classifications and scenarios that may require an H-1B petition under the FY2026 cap:

• F-1 and J-1 Students: Foreign nationals in F-1 or J-1 status who wish to transition to H-1B status for employment after their program ends.
• TN USMCA Professionals: Canadian and Mexican professionals seeking to work in the U.S. under the US-Mexico-Canada Agreement.
• L-1B Specialized Knowledge Transferees: Foreign nationals currently in the U.S. under an L-1B visa who may need to transition to H-1B status.
• E-3 Australian Specialty Occupation Professionals: Australians coming to the U.S. to work in specialty occupations.
• Individuals with Employment Authorization Documents (EADs): Certain individuals who already have work authorization and may be seeking a change in status.
• Prospective Employees Outside the U.S.: Foreign nationals who are not currently in the U.S. and have no other options for work authorization.

H-1B Annual Quota Details

The annual H-1B cap limits the number of new petitions that can be filed in any given fiscal year. For FY2026, the cap is 65,000 regular H-1B visas, along with an additional 20,000 H-1B visas reserved for foreign nationals holding advanced degrees (master’s or higher) from accredited U.S. universities.

It’s important to note that new cap-subject petitions are typically required only for individuals who have not previously been counted against the H-1B cap. There are exceptions for certain H-1B visa holders, such as those seeking H-1B extensions or changes of employer, who are generally not subject to the annual cap.

The opening of H-1B registration for FY2026 is fast approaching, and employers should act quickly to ensure they meet the deadline for filing registrations. By understanding the registration requirements, key dates, and possible scenarios that may necessitate an H-1B petition, employers can better prepare for the process and maximize their chances of securing an H-1B visa for eligible foreign nationals.

As always, we recommend that employers consult with experienced immigration counsel to navigate the complexities of the H-1B visa program and ensure compliance with all legal requirements.