The US Citizenship and Immigration Services (USCIS) will close initial registrations for the fiscal year 2026 H-1B cap at noon (Eastern Time) on March 24. The registration, which began on March 7, is a crucial first step for employers seeking to sponsor skilled foreign professionals under the H-1B visa program.
Before submitting a formal petition, employers must first obtain a certified Labour Condition Application (LCA) from the Department of Labor (DOL). This certification is mandatory, as Form I-129—the petition for a non-immigrant worker—cannot be filed with USCIS without it. Once the LCA is secured, the employer or agent must submit Form I-129 either online or at the appropriate USCIS processing center, initiating the visa process for prospective foreign employees.
If the petition is approved, foreign workers outside the US must apply for a visa at a US embassy or consulate through the Department of State. Those already in the US under a valid visa status may apply for a change of status to H-1B.
For Indian nationals, the H-1B visa grants an initial stay of up to three years, with the possibility of extension to a maximum of six years. To qualify, applicants must have a valid job offer from a US employer for a temporary professional position and hold at least a bachelor’s degree in a relevant field.
According to the Department of Labor, the H-1B program is designed for employers hiring foreign nationals in specialty occupations or fashion models of distinguished merit and ability. To comply with DOL regulations, employers must guarantee that H-1B workers receive wages comparable to or higher than those paid to similarly qualified US employees or at least match the prevailing wage for the position in the given geographic area.
The H-1B visa program is subject to an annual cap of 65,000 new visas per fiscal year, with specific exemptions and adjustments, including allocations under the H-1B1 program. With the registration deadline approaching, employers must act swiftly to secure a spot in the highly competitive process.
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