H-1B cap season: what employers can prepare before registration opens

Which candidates need a registration, what to confirm about each job now, and the documents that make the April filing faster.

Each year, employers who want to hire a new H-1B employee subject to the cap must first submit an electronic registration. USCIS runs a selection, and only selected registrations can be filed as petitions.

USCIS announces the registration period each winter. The work that makes it go well happens before that.

Which candidates need a registration

Make a list of everyone you may want to sponsor for an Oct. 1 start. Usually that includes:

  • Employees working on F-1 practical training, including STEM extensions.
  • New hires abroad who have never held H-1B status.
  • Employees in another status, such as L-1 or TN, who want to move to H-1B.

People who already hold H-1B status counted against the cap usually do not need a new registration. Employees of universities and some nonprofit research organizations may be exempt from the cap entirely.

What to confirm about each job

  • The job requires at least a bachelor’s degree in a specific field.
  • The candidate has that degree or an equivalent.
  • The worksite and the wage are set. The wage must meet the prevailing wage, and USCIS has changed how selection works in recent seasons, so check the current process on its H-1B page. Check there too whether an added payment applies to new petitions for workers outside the United States. That requirement has changed in court more than once.

Registration asks for little, but what it says must be true. A registration that names a job the employer does not intend to fill is a serious problem.

Documents for the petition

Selected employers then have a filing window. Collect diplomas, transcripts, credential evaluations, passports and status documents now. See Prevailing wage levels, explained for hiring managers, and H-1B, L-1 and O-1 visas.

Sources

Published Feb. 17, 2026.

Not legal advice. Updates are general information about the law, dated when published, and may not reflect later changes. Reading them does not create an attorney-client relationship. To talk about your case, schedule a consultation.