H-1B Cap Reached
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USCIS Announces FY 2026 H-1B Cap Reached

Maggio Kattar

July 18, 2025 – USCIS has announced that it has received enough H-1B petitions to meet the FY 2026 regular and advanced degree caps. Petitions not selected in the lottery will not proceed under this year’s cap.

USCIS will continue to accept cap-exempt H-1B filings, such as those for:

  • Qualifying “cap exempt” employers such as of institutions of higher education, nonprofit research organizations, or government research organizations
  • Certain amended petitions, extensions, and changes in employer for individuals already counted against the cap

If your employee or candidate was not selected:
There may still be options depending on the individual’s circumstances. We recommend consulting with your MK Attorney to assess timing, risk, and next steps.