On July 18, 2025, USCIS announced it has “received enough petitions to reach the congressionally mandated 65,000 regular cap and 20,000 master’s-cap numbers for FY 2026.” This ends any need for further selections this year.
A total of 358,737 unique registrations were submitted for FY 2026, down from 479,953 last year and far below the record 780,884 filed for FY 2024. The decline reflects the beneficiary-centric registration system, introduced in FY 2025, which tags each registrant by passport number and prevents duplicate filings through multiple employers. In addition, the H-1B registration fee increase from $10 to $215 for the March 2025 filing also discouraged speculative filings.
Under this Beneficiary-centric system, FY 2025 saw 479,953 unique registrations, and FY 2026 fell further to 358,737. Despite a 25 % dip from last year, employers still filed more than four times the 85,000 visas available.
If your registration was not selected and you wish to continue living and working in the United States, consider these options:
H-1B Cap-exempt: The cap being full does not affect petitions to extend, amend, transfer, or add concurrent employment for workers who already hold H-1B status; those filings remain open year-round. Universities, nonprofit research organizations, and certain government research entities also remain cap-exempt.
O-1 Extraordinary Ability visas: Individuals who possess extraordinary ability in the sciences, arts, education, business, or athletics or who have demonstrated a record of extraordinary achievement in the motion picture or television industry can obtain this visa or status. While O-1A is a nonimmigrant visa for individuals with extraordinary ability in the fields of science, education, business, or athletics, O-1B is for individuals with extraordinary ability in the arts or extraordinary achievement in motion picture or television. We routinely secure O-1 approvals not only for traditional artists but also for architects, tattooists, chefs, and other professionals whose work has an artistic dimension.
E-1 and E-2 Treaty Visas: Nationals of treaty countries (including South Korea) can qualify as substantial investors or key managerial / specialized employees of a qualifying trading or investment enterprise. E visas are renewable indefinitely as long as the underlying trade or investment continues.
L-1 Intracompany Transferee Visas: Executives, managers, and specialized-knowledge employees who have worked continuously abroad for a qualifying multinational company for at least one year within the three years preceding their application can transfer to the U.S. company including subsidiaries and affiliates.
Each alternative has distinct evidentiary requirements, timelines, and strategic considerations. Early planning is critical to avoid gaps in lawful status.
Many international students are worried about their stay in the United States and are knocking on the door of the U.S. job market to continue their careers. While the H-1B is the most common visa for international students to work in the U.S., many international students are unsuccessful in the lottery and need to find their next step after the unsuccessful H-1B lottery.
If you were not selected in the FY 2026 H-1B lottery and would like to explore alternatives, please contact Song Law Firm at mail@songlawfirm.com or (201) 461-0031.
