Quick Hits

• Following the completion of USCIS’s H-1B cap registration selection on March 31, 2025, employers were able to file cap-subject H-1B petitions on behalf of selected beneficiaries from April 1, 2025, through June 30, 2025.
• On June 30, 2025, a high number of technical issues were reported when users attempted to file Forms G-28 and I-129 through USCIS’s online platform.
• During the evening of June 30, 2025, USCIS announced the filing deadline would be extended to 7:30 p.m. (EDT) on July 1, 2025, later clarifying during the afternoon of July 1 that the extension would apply only to cases filed online.

Following USCIS’s selections in the FY 2026 H-1B cap registration lottery, employers were able to file H-1B cap petitions with USCIS on behalf of selected beneficiaries from April 1st through June 30th. Similar to last year, employers could file H-1B cap petitions by shipping paper-based petitions to USCIS or file only through USCIS’ online platform. On the last day of the filing window, June 30, 2025, users reported a high number of technical issues when attempting to file Forms G-28 and I-129 of their H-1B cap-subject petitions. On the evening of June 30, USCIS announced it would extend the deadline until 7:30 p.m. (EDT) on July 1 for online filings only.

Timely filed and receipted petitions will be adjudicated by USCIS. The agency is expected to adjudicate, within fifteen business days, petitions filed with requests for premium processing service. Employment based on an approved FY 2026 H-1B cap-subject petition cannot begin earlier than October 1, 2025. Beneficiaries of H-1B cap-subject petitions who are interested in international travel may want to confirm their travel will not have an impact on the H-1B petition or other aspects of their status or employment authorization. Additionally, individuals will likely want to carefully review travel and documentation requirements and consider any risks. If planning to apply for an H-1B visa while abroad, applicants can expect additional scrutiny and potentially longer processing times.

Next Steps

USCIS has not yet announced whether it will conduct a second selection lottery for the FY 2026 H-1B cap season, as the agency must first determine whether a sufficient number of H-1B cap-subject petitions were filed to meet the annual quota of 85,000 H-1B visas.

If USCIS announces an additional selection round, employers will have at least ninety days to file an H-1B petition with USCIS on behalf of the selected beneficiary. USCIS typically determines whether an additional selection is necessary in late July and will publish an announcement. For example, during the FY 2025 H-1B cap season, USCIS announced on July 30, 2024, that a second selection round would occur to meet the numerical quota.