H-1B visa 2026 cap reached: What selected & rejected Indians must do next

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The US Citizenship and Immigration Services (USCIS) has finished the initial selection process for the H-1B visa lottery for the 2026 financial year. On March 31, the agency confirmed that the annual cap of 85,000 has been reached and the lottery draw is done.  

 

Employers and attorneys with selected beneficiaries have now been notified and can begin filing cap-subject petitions.  

 

During the electronic registration period, USCIS received enough applications to meet both the regular cap of 65,000 and the additional 20,000 spots reserved for US master’s degree holders.  

 

This year’s registration was the first under the revised $215 fee—up from $10 earlier. USCIS has not yet shared how many total eligible registrations were received.  

 

What next for selected applicants  

 

If you were registered for the FY2026 lottery, your online USCIS account should now show whether you were selected. If picked, your sponsoring employer can submit a full petition on your behalf.  

 

When and how to file an H-1B petition  

The petition filing period started on April 1, 2025. Only those with selected beneficiaries can file.  

 

Filing window: petitioners have at least 90 days to file, as mentioned in the selection notice  

Where to file: online through https://my.uscis.gov or at the designated filing centre  

Include a copy of the selection notice with the petition  

 

Visa stamping for applicants outside the US  

 

If the petition is approved and the applicant is abroad, they must appear for a visa interview at a US consulate. This process involves fingerprinting and submission of documents like the passport, visa form, and the H-1B approval notice (Form I-797).  

 

Key documents required for H-1B petition  

 

Employers must include:  

A copy of the selection notice  

Proof of the beneficiary’s valid passport or travel document used during registration  

Supporting documents showing the candidate qualifies for the H-1B programme  

 

Eligibility is still required  

 

Selection only allows filing of the petition—it doesn’t guarantee approval.  

 

Evidence matters: Applicants must show they meet the qualifications for the H-1B role  

Travel documents: The passport must be valid and match what was used during registration  

 

Petition review and next steps  

 

USCIS will examine the petition. It may be approved, denied, or returned with a Request for Evidence (RFE). Standard processing may take months, while premium processing offers a 15-day response time for a higher fee.  

 

Though in most cases a H-1B cap application can be filed at any point during the filing period, some cases may need to be filed at specific times.  

 

If the beneficiary is an F-1 student on optional practical training (OPT) needing cap-gap protection, the petition must be filed before their OPT ends. If the degree hasn’t yet been conferred, it can only be filed after the degree is awarded or when school officials confirm all requirements have been met.

 

What happens after approval  

 

Selected applicants who receive approval can start work in the US under H-1B status from October 1, 2025. Early employment or travel is not permitted unless they already have valid US work status and are switching employers or job roles.  

 

If you weren’t selected  

 

Those not picked in the first round remain in the system in case USCIS holds a second lottery. In FY2024, there were two selection rounds, but only one in FY2023.  

 

Other options include:  

Applying again next year  

Exploring alternative visa categories such as L-1, O-1, or F-1 OPT extensions (if eligible)  

Continuing with the current employer in another location, if it’s a multinational  

 

Indians continue to be the largest group of H-1B recipients. In FY2023, they accounted for 68,825 (58%) of initial H-1B employment visas and 2.10 lakh (79%) of extensions. In contrast, applicants from China received 16,094 initial visas and 29,250 extensions.