The H-1B cap allocations for the 2026 financial year have been completed, and all selected beneficiaries have been notified by the U.S. Citizenship and Immigration Services. On March 31, 2025, U.S. Citizenship and Immigration Services (USCIS) announced that enough electronic registrations for unique beneficiaries to reach FY 2026 H-1B numerical allocations, including the advanced degree exemption, have been received.

Now, selected beneficiaries have to start the process of filing the H-1B petition. A petition is a document written to the government of another country. The petitioner is a person who files an immigration petition or application.

The process begins by filling and submitting the ‘Form I-129, Petition for a Nonimmigrant Worker’. On January 17, 2025, USCIS published the revised edition of Form I-129, (edition date: 01/17/25), which will replace the 04/01/24 edition of Form I-129. Effective January 17, 2025, USCIS is rejecting Form I-129 petitions received using the 04/01/24 edition of the form.

Filing Petitions after Selection

Those beneficiaries whose registrations are selected can file the H-1B cap-subject petitions for FY 2026, including those petitions eligible for the advanced degree exemption. Only petitioners with registrations for selected beneficiaries will be allowed to file H-1B cap-subject petitions for FY 2026. The period for filing the H-1B cap-subject petition will be at least 90 days, till June 30, 2025.

You may file an H-1B petition no more than 6 months before the employment start date requested for the beneficiary. From April 1, USCIS has started accepting online filing for H-1B cap petitions and associated Forms I-907 for petitioners whose registrations have been selected.

Different fees depend on the type of H-1B petition you are submitting. You will have to refer to the Fee Schedule and H and L Filing Fees for Form I-129, Petition for a Nonimmigrant Worker. The fee for each registration has increased to $215 for the FY2026 H-1B cap.

When to File an H-1B Cap-Subject Petition

Petitioners have the option of filing a paper Form I-129 H-1B petition and any associated Form I-907 if they prefer. However, users will not be able to link paper-filed Forms I-129 and I-907 to their online accounts. For paper-filed forms, you must file the petition at the correct location. All Forms I-129, Petition for a Nonimmigrant Worker, are filed at either the Texas Service Center (TSC) or a USCIS lockbox facility.

How to Ensure You Properly File Your H-1B Cap-Subject Petition

Complete all required sections of Form I-129, Petition for a Nonimmigrant Worker, including the H Classification Supplement and the H-1B Data Collection and Filing Fee Exemption Supplement. Make sure you are using the most current versions of forms.

You must indicate a start date of October 1 or later (of the applicable fiscal year, and 6 months or less from the receipt date of the petition) on your petition, or your petition will be rejected or denied.

You must provide a copy of the H-1B Registration Selection Notice for the registration filed by your organization on behalf of the beneficiary with the petition.

Ensure that you have also entered the corresponding “Beneficiary Confirmation Number” on the H Classification Supplement.

You must submit evidence of the beneficiary’s passport or travel document used at the time of registration to identify the beneficiary.

Ensure that any information provided during the electronic registration process matches the information provided on the petition. If any information does not match, you should explain with your petition and supporting documentation as to why there was a change or why the information does not match. If the information on the registration and petition does not match, USCIS may reject or deny the petition.

Required fees may be paid by check, money order, or credit card. If paying the required fees by check or money order, include signed checks or money orders with the correct fee amount. Make sure you submit separate checks for each fee associated with the filing. If you are filing online, you may pay by credit card or bank account via ACH transfer.

Ensure that the petitioner’s name on the Form I-129 petition is the same as the petitioner’s name on the G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, if filing Form G-28. 

When filing your H-1B petition with USCIS, you must include evidence that a Labor Condition Application (LCA) has been certified by the U.S. Department of Labor. Ensure that the LCA properly corresponds to the position in your petition.

Organizing Your H-1B Package

This is the preferred order of documents at the time of submission:

  • Form G-28 (if represented by an attorney or accredited representative)
  • Copy of the Registration Selection Notice for the Beneficiary Named in the Petition
  • Form I-129, Petition for a Nonimmigrant Worker
  • Addendums/Attachments
  • H Classification Supplement to Form I-129 and/or Trade Agreement Supplement to Form I-129 (for H-1B1 Chile-Singapore petitions)
  • H-1B and H-1B1 Data Collection and Filing Fee Exemption Supplement
  • All supporting documentation to establish eligibility. Provide a table of contents for supporting documentation and separate the items as listed in the table.
  • Arrival-Departure Record (Form I-94) if the beneficiary is in the United States
  • SEVIS Form I-20 if the beneficiary is a current or former F-1 student or F-2 dependent
  • SEVIS Form DS-2019 if the beneficiary is a current or former J-1 or J-2
  • Form I-566 if the beneficiary is a current A or G nonimmigrant
  • Department of Labor certified LCA, Form ETA 9035
  • Employer/attorney/representative letter(s)
  • Other supporting documentation