USCIS Unveils Key Dates and Fee Increase for FY 2026 H-1B Cap Registration

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February 14, 2025

For employers seeking to sponsor foreign national professionals, awareness of the H-1B cap registration deadline is critical. Registration for the FY 2026 H-1B Cap lottery will start at 12 p.m. Eastern Time on March 7 and end at 12 p.m. Eastern Time on March 24. This year, the registration fee has been increased to $215.

The FY 2026 H-1B Cap lottery will use the same beneficiary-centric selection process as was used in FY 2025. Employers will again be required to have a U.S. Citizenship & Immigration Services (USCIS) online account to register beneficiaries for the lottery.

Who Should Consider H-1B Sponsorship?

H-1B visas are available for employers seeking to sponsor foreign nationals who hold at least a bachelor’s degree or its equivalent in a relevant field for an occupation that requires theoretical and practical application of a body of highly specialized knowledge and at least a bachelor’s degree in a directly related field.

Employers should not just consider new hires for the H-1B sponsorship. Other candidates for H-1B sponsorship can include: students currently working temporarily under Optional Practical Training (OPT) or Curricular Practical Training (CPT), employees currently in a different nonimmigrant status (such as TN) who need to change to H-1B, or employees with a dependent status that provides work authorization and who desire to have work authorization independent of their spouse’s immigration status.

What is the H-1B Lottery?

Each year, 85,000 H-1B visas are available starting October 1st. The annual number of H-1B visas available is limited by statute and USCIS determines who is eligible to file for an H-1B visa through a lottery system. For example, in FY 2025 there were 479,953 lottery registrations chasing the 85,000 visas available. Beneficiaries who hold a U.S. master’s degree or higher have a better chance at being selected in the lottery due to 20,000 visas being reserved for persons holding those degrees.

Certain employers are exempt from the H-1B lottery. Cap-exempt employers include nonprofit institutions of higher education, nonprofit entities associated with institutions of higher education, and nonprofit or U.S. government research organizations.

Next Steps for Employers Interested in H-1B Sponsorship

Employers interested in H-1B sponsorship should contact Ruder Ware’s Immigration & Workforce Mobility team as soon as possible. We will assess whether the H-1B visa is appropriate for the position and the proposed beneficiary. In addition to information about the proposed job title, duties, and compensation, we will require a copy of the employee’s passport biographic page and copies of their diplomas and transcripts. If a cap subject H-1B petition is appropriate, we will prepare their registration for the lottery. If they are selected in the lottery, we will then prepare and file the H-1B petition in full compliance with USCIS regulations. Given the competitive nature of the H-1B process, early preparation is key.

Filing Fees for Cap Subject H-1B Petitions

If your registration is selected in the lottery and you file a petition, the fees for paper filing the H-1B petition are as follows:

Regular Petitioner

I-129 Fee: $780

Fraud Prevention Fee: $500

ACWIA Fee: $1,500

Asylum Fee: $600

TOTAL: $3,380

Small Employers

The small employer fee schedule applies to employers with 25 or fewer full-time employees inclusive of affiliates and subsidiaries.

I-129 Fee: $460

Fraud Prevention Fee: $500

ACWIA Fee: $750

Asylum Fee: $300

TOTAL: $2,010

Additional Filing Fees and Fee Exemptions

Nonprofit organizations are exempt from certain filing fees.

There is an additional $4,000 fee for employers who employ more than 50 individuals in the United States, and more than 50 percent of those employees are in H-1B, L-1A, or L-1B status.

There are also additional fees if H-4 petitions for dependents are filed with the H-1B or if you desire to pay for premium processing of the H-1B petition.

For any questions about this e-alert or its impact on your business, please contact our Immigration & Workforce Mobility team for assistance.

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This document provides information of a general nature regarding legislative or other legal developments, and is based on the state of the law at the time of the original publication of this article. None of the information contained herein is intended as legal advice or opinion relative to specific matters, facts, situations, or issues, and additional facts and information or future developments may affect the subjects addressed. You should not act upon the information in this document without discussing your specific situation with legal counsel.

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