On Friday, July 18, 2025, 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 2026, which begins on October 1, 2025. 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. 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.  

For more information on a potential H-1B cap exemption, please contact your Foster immigration attorney. If you are unsure whether a particular organization may meet the requirements for H-1B cap exemption, or you wish to explore how  your organization may qualify in the future, your Foster immigration attorney can assist you in evaluating the possible H-1B cap exemptions  and preparing the arguments on behalf of your organization.  

Foster also 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 in early March 2026.  

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