H-1B Cap Reached: USCIS Meets FY 2026 Limit

The H-1B Cap has limited the number of new H-1B Cap petitions that U.S. Citizenship and Immigration Services (USCIS) can approve each fiscal year.

The regular cap allows 65,000 visas for specialty‑occupation workers. An additional 20,000 visas fall under the advanced degree exemption (master’s cap).

Once USCIS reaches these limits, they stop accepting new petitions subject to the H-1B Cap, though they still process cap‑exempt petitions.

By grasping the rules, employers and applicants can act quickly when filings open.

Maple Crest Immigration stands ready to guide you through every step of the process and to maximize your chances of success.

Key Numbers and Categories

USCIS allocates H-1B Cap visas in two main categories:

When USCIS reaches these limits for FY 2026, they will stop accepting new cap‑subject petitions. Employers must plan filings ahead of the annual April window.

Understanding Cap‑Exempt Petitions

Some H-1B petitions don’t count toward the annual numerical limit. Employers can file cap‑exempt petitions year‑round for:

1. Current H-1B workers who retain their original cap number

2. Nonprofit research institutions or government research organizations

3. Certain institutions of higher education and affiliated nonprofits

Cap‑exempt filings include:

• Extend the worker’s authorized stay

• Change employment terms

• Change employers (H-1B transfer)

• Add concurrent H-1B positions

Employers in cap‑exempt categories avoid the lottery and filing rush.

Timeline and Strategy

To compete in the H-1B Cap lottery, employers should follow a precise timeline:

1. July–October (Prior Year):

   • Confirm eligibility and obtain Labor Condition Application (LCA) certifications from the Department of Labor (DOL).

2. January–March:

   • Gather beneficiary documents (degrees, transcripts, licensing).

   • Complete forms and assemble supporting evidence.

3. First Week of April:

   • File the petition electronically on the first filing day.

4. April–June:

   • USCIS conducts the lottery and issues receipt notices.

5. October 1:

   • Earliest start date for approved H-1B beneficiaries under the cap.

Employers should prepare all materials well before April to meet strict deadlines.

How the H-1B Cap Lottery Works

USCIS uses a random selection process when petitions exceed the H-1B Cap. The lottery occurs in two stages:

1. Advanced Degree Exemption Selection

   • USCIS picks 20,000 petitions filed on behalf of U.S. master’s degree holders.

2. Regular Cap Selection

   • USCIS adds unselected master’s petitions back into the general pool and selects 65,000 applications.

The lottery outcome depends purely on chance once USCIS receives all filings.

Specialty Occupation Requirements under the H-1B Cap

To qualify for a H-1B visa under the cap, employers must prove the role meets “specialty occupation” criteria:

• Degree Requirement: Position requires at least a bachelor’s degree or equivalent in a specific field.

• Complexity: Duties demand application of specialized knowledge.

• Employer Practices: Employers routinely require degrees for the role.

• Industry Standards: Other employers in the industry require similar qualifications.

Common specialty occupations include engineering, IT, finance, architecture, and healthcare.

Labor Condition Application (LCA) Basics

Before filing an petition, employers must obtain an approved LCA from the DOL.

The LCA ensures wage and working‑condition protections for U.S. workers. Key LCA elements:

• Wage Level: Employers must pay the prevailing wage or higher.

• Worksite Location: LCA covers all geographical locations where the H-1B worker will perform services.

• Notice Requirements: Employers post notices or notify bargaining representatives.

Failure to secure an approved LCA can lead to petition denial.

Filing Fees and Costs Associated with the H-1B Cap

Employers bear several fees when submitting petitions:

Employers may choose premium processing to receive a decision within 15 calendar days.

Dealing with Request for Evidence (RFE) and Denials

USCIS may issue an RFE when a petition lacks sufficient evidence. Common RFE reasons in H-1B Cap cases:

• Insufficient proof of specialty occupation

• Missing or unclear degree evaluations

• Inadequate employer‑employee relationship documentation

• Wage level mismatches

To overcome an RFE:

1. Review the RFE for specific deficiencies.

2. Collect additional documents (expert opinions, organizational charts, payroll records).

3. Submit a thorough RFE response by the deadline.

Denials can follow the same patterns. Employers may file motions to reopen or reconsider or appeal through the Administrative Appeals Office (AAO).

Advanced Degree Exemption

The master’s cap grants 20,000 additional H-1B visas to beneficiaries with U.S. advanced degrees. Key points:

• Qualifying degrees include U.S. master’s, Ph.D., or professional degrees.

• Beneficiaries who do not secure a spot under the master’s cap enter the regular cap pool automatically.

• Filing under the master’s cap doubles the chance of selection.

Employers should highlight the beneficiary’s U.S. degree in the petition to leverage the advanced degree exemption.

Maintaining Status after H-1B Cap Approval

Once USCIS approves an H-1B Cap petition, beneficiaries must maintain status by:

• Working only for the employer and position detailed in the approved petition

• Not exceeding allowed hours without filing an amendment or concurrent petition

• Keeping valid passport, I‑94 record, and visa stamp (if outside the U.S.)

• Filing timely extensions or status change petitions

Maple Crest Immigration helps ensure you meet all compliance obligations and timelines.

Strategies for Multiple Filings and Bridging Employment Gaps

Employers can improve selection odds by:

1. Multiple Employer Filings: Engage multiple employers to file separate petitions for the same beneficiary.

2. Concurrent Employment: File concurrent H-1B positions with different employers in different roles.

3. Cap‑Exempt Bridges: Move the beneficiary to a cap‑exempt employer while awaiting cap‑subject results.

These strategies help professionals maintain work authorization and reduce downtime.

H-1B Cap Transfers and Extensions

Current H-1B workers wishing to change employers or extend their stay can file cap‑exempt petitions any time:

• Transfers: New employer submits Form I‑129 with proof of valid status.

• Extensions: Employer files Form I‑129 to extend up to six years (in most cases).

• Amendments: File when changing work location, job duties, or salary.

These filings keep professionals compliant without worrying about the H-1B Cap.

The Role of Premium Processing in the H-1B Cap

Premium processing expedites USCIS decisions. For an extra fee, USCIS guarantees a decision within 15 calendar days or refunds the fee. Benefits include:

• Faster approval or RFE issuance

• Certainty on start dates for planning

• Quicker resolution of RFEs

Employers can file Form I‑907 alongside the Cap petition for faster service.

How Maple Crest Immigration Can Guide You through

At Maple Crest Immigration, we combine legal expertise with hands‑on support:

1. Case Assessment: We evaluate eligibility and risk factors.

2. Document Preparation: We assemble files to meet USCIS standards.

3. Filing Strategy: We advise on cap‑exempt options, multiple filings, and premium processing.

4. RFE Response: We draft detailed responses to strengthen your case.

5. Ongoing Support: We monitor status, handle extensions, and maintain compliance.

Trust Maple Crest Immigration to navigate complexities and secure your place in the U.S. workforce.

Our expert team will craft the winning strategy you need to secure your H-1B Cap petition and launch your U.S. career. Reach out now to get started!