H-1B cap filing deadline extended by one day
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What is the H-1B Cap Filing Deadline?
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Fiscal Year Year Held Number of Draws Notes FY 2021 2020 2 Second draw in August 2020 FY 2022 2021 3 Due to low initial filings FY 2023 2022 1 High filing rate in Round 1 FY 2024 2023 2 Second draw in July 2023 FY 2025 2024 1 Single draw; high acceptance-to-filing ratio
In a late update on Monday, US Citizenship and Immigration Services (USCIS) announced an extension to the filing deadline for the FY 2026 H-1B cap petitions . The deadline, which was initially set for Monday, June 30, has now been extended by one day to 7:30 pm EDT on Tuesday, July 1, 2025.USCIS said the extension was due to technical difficulties that may have prevented some filers from completing Form I-129 and the associated Form G-28 drafts. The agency advised petitioners to review their Form I-129 drafts for completeness and restart the Form G-28 draft before submitting.Form G-28 is filed by attorneys or accredited representatives to officially represent employers or beneficiaries. If it was left incomplete or failed to save due to the glitch, the entire petition submission may be rejected or delayed.Missing the deadline means losing the H-1B lottery spot, even if the candidate was selected earlier.The H-1B cap filing deadline applies to employers who were selected in the initial lottery phase for FY 2026 and must now file the complete H-1B petition, including all supporting documentation, before the submission window closes.The H-1B cap is set at 85,000 new visas per fiscal year, including 65,000 under the regular cap and 20,000 under the US master's degree exemption. Petitioners who miss the filing deadline for their selected registrations lose the chance to proceed under this fiscal year.The H-1B selection process begins with a registration lottery in March, followed by the petition filing phase. If there are not enough completed and approvable petitions from the first round, USCIS may conduct a second lottery."The prospect of a second lottery are difficult to predict. If we go by the percentage filing in our own office, it is fairly high as compared to other years. This could partly be because a lot of our clients are product based companies. Our other colleagues are reporting relatively low filing numbers," Rajiv Khanna, US-based immigration attorney, commented on the possibility of a second draw.USCIS has not yet indicated whether a second lottery will occur, but the outcome may depend on the number of petitions received by the newly extended deadline. In 2023, USCIS conducted two additional lotteries due to low petition filings from the first round. If FY 2026 follows that trend, another draw could happen later this summer.Here's a brief recap of the H-1B lottery patterns over recent years:
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