‍Cap Numbers Met, No Second Lottery Expected

On July 17, 2026, U.S. Citizenship and Immigration Services announced that it had received enough petitions to reach the congressionally mandated 65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree exemption, known as the master's cap, for fiscal year 2027. The FY 2027 H-1B cap petition filing window ran from April 1, 2026, to June 30, 2026, and with both allocations now full, USCIS will not conduct an additional selection round and will continue processing properly and timely filed FY 2027 cap-subject petitions. As we saw last year, USCIS similarly did not conduct any additional selection rounds in FY 2026, so employers should not count on a backup selection round materializing later this year. 

What This Means for Selected Petitions

Employers whose registrations were selected during the FY 2027 cap season should stay focused on the adjudication process. Employers whose registrations were selected and who timely filed H-1B petitions should continue monitoring USCIS processing and adjudication of their cases. We recommend confirming that receipt notices have been issued for all filed petitions and tracking any requests for evidence closely, since RFEs can extend timelines and require prompt, well-supported responses to avoid jeopardizing a beneficiary's status. 

Options for Employers Left Without a Selection

For employers whose candidates were not selected in this year's registration process, the standard cap-subject H-1B route is now closed for FY 2027 unless the individual qualifies for a cap exemption. The annual cap does not reach every category of H-1B filing. The annual cap does not apply to certain H-1B petitions, including extensions of stay for current H-1B workers, changes to the terms of employment for existing H-1B workers, transfers of H-1B workers between cap-subject employers, and concurrent H-1B employment in certain circumstances. Petitions filed by cap-exempt employers, such as qualifying institutions of higher education, affiliated nonprofit entities, nonprofit research organizations, and governmental research organizations, also remain available year-round. Employers with candidates who fall outside these exemptions should begin evaluating alternative visa categories, such as O-1, L-1, or TN status where applicable, while preparing for next year's registration cycle. 

Planning Ahead for FY 2028

Since USCIS has received enough petitions to meet the FY 2027 numerical limits, employers whose beneficiaries were not selected during this year's registration process should generally begin planning for the next H-1B cap season, which will open for FY 2028 registrations in March 2027. Given the continued high demand for H-1B visas relative to the fixed statutory cap, we encourage employers to identify likely candidates early, gather supporting documentation well in advance, and register every eligible beneficiary during the initial registration window to maximize the chance of selection. 

If your organization has questions about H-1B cap strategy, alternative visa categories, or how to plan for the next registration cycle, our attorneys are here to help. Contact us at 703-348-1663.

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