H-1B Cap Season 2026: What You Need to Know Now

Key Dates for H-1B 2026

The H-1B cap season is one of the most important periods in employment-based immigration. Here are the critical dates for the FY2027 H-1B cap season:

• March 1 – March 18, 2026: Electronic registration period opens on the USCIS H-1B Registration System
• Late March 2026: USCIS conducts the lottery and notifies selected registrants
• April 1, 2026: Earliest start date for FY2027 H-1B employment
• April 1 – June 30, 2026: Filing window for selected registrations
• October 1, 2026: Fiscal year 2027 begins (H-1B employment effective date for change of status)

New Electronic Filing Requirements

USCIS has expanded its electronic filing system for H-1B petitions in 2026. While electronic registration has been required since 2020, this year brings several important changes:

• Beneficiary-centric selection: The lottery continues to be based on unique beneficiaries rather than registrations, reducing the incentive for multiple employer submissions
• Enhanced fraud detection: USCIS has implemented additional identity verification measures to prevent duplicate registrations
• Organizational accounts: Employers and their representatives must use myUSCIS organizational accounts for registration
• Digital evidence submission: Selected petitioners can now upload supporting documents directly through the online portal

These changes aim to streamline the process while reducing fraud. Employers and beneficiaries should ensure their accounts are set up well before the registration window opens.

Eligibility Checklist

For Employers

• Valid Employer Identification Number (EIN)
• Ability to pay the offered wage (demonstrated through tax returns, audited financials, or annual reports)
• Legitimate specialty occupation position requiring a bachelor's degree or higher
• Filed or will file a Labor Condition Application (LCA) with the Department of Labor
• No outstanding H-1B violations or debarment

For Beneficiaries

• Bachelor's degree or higher (or equivalent) in a field related to the specialty occupation
• If using work experience as degree equivalent: generally 3 years of progressive experience equals 1 year of college education
• Valid immigration status if currently in the U.S. (or ability to enter the U.S. if abroad)
• No immigration violations that would bar H-1B approval

Registration Strategy

With the beneficiary-centric lottery, the strategic landscape has shifted. Here are key considerations:

• One shot per person: Multiple registrations by different employers for the same beneficiary do not increase selection chances — only one registration per beneficiary will be entered
• Cap-exempt employers: Universities, nonprofit research organizations, and government research organizations are exempt from the cap and can petition at any time
• Concurrent cap and cap-exempt: If you receive a cap-exempt H-1B offer, you can work for that employer immediately while still registering for the cap lottery with a cap-subject employer
• Master's cap advantage: If you have a U.S. master's degree or higher, you get two chances — first in the advanced degree pool, then in the regular pool if not selected

If Selected: Next Steps

1. Obtain the LCA certification from the Department of Labor (takes approximately 7 business days)
2. Prepare the complete H-1B petition package including Form I-129, support letter, beneficiary credentials, and all supporting evidence
3. File the petition within the 90-day filing window
4. Consider premium processing ($2,805 fee) for a 15-business-day adjudication timeline
5. If approved with change of status, H-1B employment can begin October 1, 2026
6. If approved for consular processing, schedule a visa interview at the U.S. consulate

If Not Selected: Alternative Strategies

Not being selected in the H-1B lottery is disappointing but not the end of the road. Consider these alternatives:

• O-1 Extraordinary Ability visa: For those with a strong track record of achievement in their field, the O-1 has no annual cap and no lottery
• L-1 Intracompany Transfer: If you work for a multinational company with a qualifying foreign office, an L-1 transfer may be possible
• EB-1A / EB-1B Green Card: If you qualify, filing directly for a green card bypasses the H-1B requirement entirely
• Cap-exempt employment: Positions at universities or qualified nonprofit research organizations are exempt from the H-1B cap
• E-2 Treaty Investor: For nationals of treaty countries who are starting or investing in a U.S. business
• Maintain current status: If on OPT, discuss with your employer about extending STEM OPT (for eligible STEM degree holders) while exploring other options

Common Mistakes to Avoid

• Missing the registration window — mark your calendar and register on day one
• Incorrect beneficiary information — double-check passport details and degree information
• Weak specialty occupation arguments — the position must genuinely require a specific bachelor's degree
• Insufficient employer documentation — be prepared to demonstrate the company's ability to pay
• Last-minute filing — start preparing the petition package as soon as you're selected, don't wait for the filing deadline

The H-1B process is competitive and detail-oriented. Working with experienced immigration counsel significantly improves your chances of a successful outcome. Contact our office to discuss your specific situation and develop a tailored strategy.