For fiscal year 2026, U.S. Citizenship and Immigration Services has received enough applications to meet both the 20,000 H-1B visa U.S. advanced degree exemption, also referred to as the master’s cap, and the congressionally mandated 65,000 H-1B visa regular cap.
For applications that are not otherwise subject to the cap, USCIS will nonetheless accept and process them. For current H-1B employees who have already been counted against the cap and who still have their cap number, petitions filed for them are exempt from the FY 2026 H-1B cap. The following petitions will still be accepted and processed:
- Extend the duration of a current H-1B employee’s stay in the US;
- Modify the current H-1B employees’ employment conditions;
- Allow existing H-1B employees switch employers; and
- Permit current H-1B employees to hold other H-1B jobs concurrently.
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Luke Bowman
The Law offices of Luke Bowman