New Year, New Opportunities: Preparing for the H-1B Cap Registration and Lottery FY 2026

As we usher in the new year, it is time to evaluate your workforce needs, including any new hires or current employees who may require sponsorship. One critical consideration for this season is the H-1B Cap Registration, often referred to as the H-1B “Lottery,” which will occur in March (actual date to be determined).

Preparing for the H-1B Cap Lottery

If you currently employ individuals who are not already in H-1B status, this is the perfect time to think about sponsoring them in this year’s Cap Lottery. Sponsoring them now can simplify long-term employment plans, avoid potential nonimmigrant intent issues, and pave the way for U.S. Lawful Permanent Residence (Green Card) sponsorship.

Initiating the H-1B Sponsorship Process

To initiate the H-1B sponsorship process, we require certain key details about the employee you intend to sponsor. This includes their full name, information about their current or prospective role (i.e., job title and description of responsibilities), and copies of their passport and education credentials. Providing this information ensures a smooth and efficient start to the sponsorship process. Please reach out to your FordMurray attorney for a more detailed list of information needed to begin the process.

Important Reminder
USCIS requires the passport information submitted during the H-1B registration be the same as the one submitted in the H-1B petition. If your employee’s passport is expiring within the next year, we encourage them to renew it as soon as possible.

Note on Fees
The USCIS fee for registering an individual in this year’s lottery is $215.00. This fee is non-refundable, regardless of whether the individual is selected in the lottery.

H-1B Cap FAQs: What You Need to Know

What is the H-1B Cap?

The H-1B Cap refers to the annual limit set by USCIS for new H-1B visas. For employers who are not exempt (e.g., private companies, non-research-focused organizations), the cap includes:

• Regular Cap: 65,000 H-1B visas.
• Master’s Cap: An additional 20,000 visas for individuals with U.S. master’s degrees or higher in a field related to their job.

Approved H-1B petitions from this lottery will take effect no earlier than October 1, 2025.

How Does the H-1B Lottery Work?

The fiscal year runs from October 1 to September 30 of the following year. Employers can file H-1B petitions up to six months before the start date.

Timeline:

January/February: USCIS announces the registration window (usually takes place in early March). During this time, employers submit registrations for their prospective employees.

1. Late March: USCIS conducts a random lottery selection. If selected, employers and their attorneys are notified and can file H-1B petitions on behalf of the selected beneficiary between April 1 and June 30^th (typical filing deadline).
2. October 1: Approved H-1B petitions take effect.

What Happens if an Individual Is Not Selected?

USCIS may conduct additional lotteries later in the year to ensure use of all 85,000 available visas. If your candidate is not selected and does not have remaining work authorization on their current status (e.g., F-1 OPT), you may need to explore alternative visa options or employment opportunities outside the U.S. For more information, consult our H-1B Alternatives Guide.

What is the Master’s Cap Advantage?

Employees with a U.S. Master’s Degree (or higher) related to their job are entered into a separate lottery for the 20,000 Master’s Cap visas. If not selected, they are automatically entered into the regular cap lottery, giving them two chances for selection. USCIS will run both lotteries simultaneously before issuing selection notices.

What is the H-1B?

The H-1B visa allows U.S. employers to sponsor foreign nationals for employment in specialty occupations. To qualify:

• The job must require at least a bachelor’s degree in a specific field, and
• The sponsored individual must hold at least a Bachelor’s Degree in that field (or a related area) or its foreign equivalent.

Stay Informed and Take Action

If you are considering H-1B sponsorship, reach out to your FordMurray attorney as soon as possible. Additional emails with detailed next steps and deadlines will follow in late January or early February. For more information on the H-1B process, download our comprehensive H-1B Lottery Guide.

As we welcome the New Year, it is the perfect time to embrace new opportunities for growth and success. Our team is here to help you navigate the complexities of U.S. immigration, ensuring your workforce remains strong, compliant, and prepared for the future. Reach out to us with any questions or to get started!

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