On Friday, July 17, 2026, U.S. Citizenship and Immigration Services (USCIS) announced that the agency had received enough H-1B cap petitions to meet both the H-1B regular cap allotment of 65,000 numbers and the H-1B U.S. advanced degree exemption (“master’s cap”) allotment of 20,000 numbers for the federal government’s fiscal year 2027, which begins on October 1, 2026. H-1B registrations that were not selected have now or should soon receive non-selection notifications to employer registrants’ online accounts.  

 Categories of H-1B Petitions Not Subject to the H-1B Cap   

H-1B1 visa numbers remain available for citizens of Chile and Singapore pursuant to trade agreements that set aside H-1B numbers under each year’s quota. Additionally, the following types of H-1B petitions are not subject to the annual H-1B cap and may be filed without numerical limitation:   

1. 1. H-1B extension and amendment petitions for existing H-1B employees;   
   2. H-1B change of employer petitions for candidates who were counted under a previous year’s H-1B cap, who currently hold H-1B status, and who are seeking a change of employer;   
   3. H-1B petitions on behalf of employees of institutions of higher education;   
   4. H-1B petitions on behalf of employees of nonprofit organizations affiliated with institutions of higher education;   
   5. H-1B petitions on behalf of employees of nonprofit research organizations or governmental research organizations;   
   6. H-1B petitions on behalf of candidates who were previously granted H-1B status in the past six years; and   
   7. H-1B petitions filed on behalf of J-1 nonimmigrant physicians who have received a Conrad 30 J-1 waiver.   

Foster recommends considering candidates and employees that the employer may wish to sponsor for an H-1B next year with the next anticipated H-1B cap registration opening in early March 2027.   

Foster will continue to provide additional updates on our firm’s website at www.fosterglobal.com.