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GMS Flash Alert 2025-034

United States 鈥� FY2026 H-1B Cap Lottery Registration Opens March 7, 2025

GMS Flash Alert 2025-034 | February 7, 2025

On February 5, 2025, the U.S. Citizenship and Immigration Services (USCIS) announced that the initial registration period for the H-1B cap in fiscal year (FY) 2026 will open at 12:00 p.m. (EST) on March 7, 2025, and end at 12:00 p.m. (EST) on March 24, 2025.1 聽Petitioners and their representatives will be able to complete and submit registrations for prospective H-1B candidates using USCIS鈥檚 online H-1B registration system during the indicated period.

Similarly to FY2025, the USCIS will use a beneficiary-centric approach and select individual beneficiaries, instead of selecting registrations by employer name. 聽The goal is to enhance fairness in the H-1B cap selection process and prevent multiple selections of the same beneficiary if multiple employers register the same beneficiary (for related coverage, see GMS Flash Alert 2024-258 and GMS Flash Alert 2023-027).

WHY THIS MATTERS

Every year, many U.S. employers hire foreign nationals in specialty occupations through the H-1B visa category. 聽This visa serves as a significant avenue for organizations to recruit international talent for at least six years, during which a U.S. employer may initiate the process of green-card sponsorship. 聽On January 17, 2025, the Department of Homeland Security (DHS) published a final rule to inhibit fraud and abuse of the H-1B cap lottery and give petitioners and legal representatives some clarity regarding the H-1B cap process.

For the first time, F-1 students will benefit from an extended cap-gap period where their work authorization will be automatically extended until April 1 of the following calendar year. 聽This is an extension beyond October 1 of the prior calendar year, the cap-gap end date in previous years. 聽The goal is to provide students with greater flexibility and enable employers to employ these students without disruptions in their work authorization.聽 聽

The considerable increase in the H-1B cap registration fee, from $10 to $215, will represent an added cost to employers with plans to bring into the U.S. foreign-national employees under the H-1B visa program and, as such, employers may need to review their budgets and planning.

What Is the H-1B Cap Lottery?

The H-1B cap is a process whereby a total of 85,000 new H-1B visas are made available. 聽Of these, 20,000

H-1B visas are specifically designated for individuals who possess a U.S. Master鈥檚 degree or higher at the time of their application. 聽While the USCIS has not specified this fiscal year鈥檚 filing period, it is expected to run for 90 days and end sometime in late June 2025.

Like in previous years, the USCIS will notify registrants of individual selections through their USCIS online accounts. 聽The USCIS aims to notify registrants of selections by March 31, 2025.

Increase in Registration Fee to $215

The H-1B cap registration fee has been increased to $215 per beneficiary. 聽This is a significant increase from the registration fee of $10 in previous years.

Extending Cap-Gap for F-1 Students until April 1

The DHS published a final rule furthering the automatic cap-gap extension for F-1 students transitioning to H-1B status. 聽The automatic extension, previously valid until October 1 of the year for which H-1B status was being requested, is now being extended until April 1 of the following calendar year. 聽To benefit from cap gap, petitioners and legal representatives must file the H-1B cap petition as a Change of Status (COS). 聽

乐鱼（Leyu）体育官网 INSIGHTS

There has been much press lately about the H-1B visa, which may have created some confusion.聽 If petitioners and their representatives have questions or concerns about eligibility, conditions, timing, and the registration/application process in respect of the H1-B and/or the change in the cap-gap period for F-1 students, it is recommended they contact their usual immigration counsel or a member of the U.S. immigration team with 乐鱼（Leyu）体育官网 Law LLP in Canada (see the Contacts section).

乐鱼（Leyu）体育官网 Law LLP in Canada is tracking this matter closely. 聽We will endeavor to keep readers of GMS Flash Alert posted on any important developments as and when they occur.

FOOTNOTE:

1聽 See United States Citizenship and Immigration Services, 鈥溾€� webpage (February 5, 2025).

Contacts

laura-wong
Laura Wong

Manager, U.S. Immigration

乐鱼（Leyu）体育官网 in Canada

Alexander Tolic
Alexander Tolic

Associate

乐鱼（Leyu）体育官网 in Canada

Disclaimer

* Please note the 乐鱼（Leyu）体育官网 International member firm in the United States does not provide immigration or labour law services. However, 乐鱼（Leyu）体育官网 Law LLP in Canada can assist clients with U.S. immigration matters.

The information contained in this newsletter was submitted by the 乐鱼（Leyu）体育官网 International member firm in Canada.

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