Understanding the H-1B Visa: Eligibility, Process, and Cap Season Updates
Each year, the demand for H-1B visas far exceeds the number available. For U.S. employers, the program is a vital tool for filling specialized positions in fields like technology, engineering, healthcare, and finance. For foreign professionals, it represents more than just a job — it is an opportunity to build a career, gain experience in the United States, and in many cases, lay the groundwork for permanent residency.
Because the H-1B program is subject to annual limits and a competitive lottery process, understanding how it works is essential for both employers and workers. From who qualifies, to how the application process unfolds, to what the most recent cap season statistics reveal, the H-1B remains one of the most closely watched and debated visa categories in the U.S. immigration system.
In the sections that follow, we break down the basics of eligibility, walk through the petition process, and highlight what the latest numbers mean for future applicants.
What Is the H-1B Visa?
The H-1B visa is a non-immigrant employment visa that allows U.S. employers to hire foreign nationals in “specialty occupations” — jobs that require both (1) the application of highly specialized knowledge and (2) at least a bachelor’s degree or its equivalent in the relevant field.
Typically issued for up to three years and renewable for a maximum of six, the H-1B visa provides temporary work authorization and often serves as a pathway toward permanent residency.
Eligibility and Application Process
To qualify, applicants must have a sponsoring employer and a job offer that meets the definition of a specialty occupation. Most positions require a U.S. bachelor’s degree or higher (or the foreign equivalent), although in some cases, equivalent work experience may satisfy this requirement.
The filing process generally involves:
- Electronic registration during the annual March registration window.
- Selection in the lottery if registrations exceed the number of available visas.
- For selected applicants, filing a Labor Condition Application (LCA) with the Department of Labor and submitting Form I-129 with USCIS, along with supporting documentation.
Cap Season Explained
Each year, USCIS opens a limited registration window for H-1B petitions. This period is commonly referred to as the cap season because the number of available visas is capped by law. Once the cap is reached, no additional petitions are accepted until the following fiscal year.
Why does this matter? Because demand for H-1B visas almost always outpaces supply. In practice, this means:
- Most applicants are subject to a lottery. Even highly qualified professionals cannot avoid the random selection process if the number of registrations exceeds the cap.
- Timing is critical. Missing the registration window means waiting another year.
- Employers and workers must plan ahead. Cap season drives when employers can onboard talent and when foreign professionals can begin work in the U.S.
Cap Season 2025–2026: What the Numbers Reveal
The H-1B program is capped at 85,000 visas annually: 65,000 under the regular cap and 20,000 for individuals with a U.S. master’s degree or higher.
FY 2025 Highlights
- USCIS received about 470,342 eligible registrations, a significant decrease from 758,994 in FY 2024.
- Of those, 135,137 were selected.
FY 2026 Early Data
- On July 18, 2025, USCIS announced that it had received enough petitions to reach both parts of the annual H-1B limit — the 65,000 visas available under the regular cap and the additional 20,000 reserved for applicants with a U.S. master’s degree or higher.
- In the first round, 118,660 unique beneficiaries were selected, corresponding to 120,141 registrations.
- For FY 2026, USCIS received 343,981 eligible registrations, down from 470,342 the year before — a decrease of nearly 27 percent.
This means that while fewer applications were submitted, each applicant’s odds of selection were higher than the year before.
Why These Numbers Matter
The year-to-year changes highlight just how unpredictable the H-1B program can be. Registrations dropped sharply from FY 2025 to FY 2026. That could mean employers are being more careful about which cases they file, or that stricter compliance rules are discouraging questionable entries.
At the same time, the odds of being selected improved. Genuine applicants stood a better chance, though competition for limited slots remains tough.
One of the biggest shifts was USCIS’s move to a beneficiary-centric lottery. Each applicant is now counted once, no matter how many employers register for them. The goal is to cut down on duplicate filings and make the process fairer.
All told, the H-1B system is still oversubscribed, but the changes suggest a process that rewards complete, compliant filings while reducing abuse.
How Gendelberg Law, PLLC Can Help You
Navigating the H-1B process is complex. Here’s how our firm supports clients every step of the way:
- Strategic planning: We assess your job qualifications and optimize your application to align with specialty occupation requirements.
- Registration guidance: We ensure your electronic registration during the lottery window is accurate and timely.
- Documentation and petition preparation: Our experienced team handles LCAs, Form I-129, and evidence gathering seamlessly.
- Compliance and audit defense: If USCIS requests additional evidence—or audits your petition—we’re ready to respond swiftly.
- Cap season strategy: With detailed knowledge of registration trends and lottery odds, we help position clients for success.
What You Can Do Now
Staying ahead of the H-1B process takes preparation and awareness. A few practical steps can help you improve your chances and avoid unnecessary delays:
- Get organized early: Gather key documents such as diplomas, transcripts, resumes, and foreign degree evaluations so they’re ready when registration opens.
- Follow USCIS updates: Pay attention to announcements about the H-1B registration window, lottery selection, and any process changes.
- Understand the timelines: Knowing when to register, when selections are made, and when petitions must be filed helps you avoid missed deadlines.
- Consider professional support: Working with an experienced immigration lawyer can help ensure your application meets all eligibility requirements, is filed correctly, and is supported by the right documentation.
Your journey toward an H-1B visa doesn’t have to be navigated alone. At Gendelberg Law, PLLC, we combine legal expertise with personalized support to help you stand out, comply with changing rules, and maximize your chance of success. Whether you’re at the start of the process or responding to a USCIS request, we’re here to guide you.
Ready to get started? Reach out to us today for a consultation — let’s take the next step together.
