×
Friday, May 15, 2026

H-1B Cap Season is Quickly Approaching! | Hinshaw & Culbertson - Employment Law Observer - JDSupra - JD Supra

With the H-1B cap pre-registration period quickly approaching, now is the appropriate time to review your hiring needs, identify those individuals you intend to sponsor for H-1B employment authorization and gather the necessary documentation.

Background

H-1B employment authorization is one of the most highly used and sought-after temporary work authorizations in the United States and allows employers to employ foreign nationals to perform jobs that are considered to be "specialty occupations."

A specialty occupation is defined as an occupation requiring at least a Bachelor's degree or equivalent to perform the duties of the position in the U.S.

In its current form, the H-1B employment authorization is limited to 65,000 new H-1B petition approvals per year, plus an additional 20,000 H-1B authorizations that are set aside for individuals with Master's Degrees from U.S. universities.

Employment start dates for H-1B authorizations occur on October 1 of each year, which corresponds with the government fiscal year. Individuals who are currently working for U.S. employers in H-1B status are not subject to this numerical limitation when a new employer files a petition to change the sponsoring employer for their H-1B employment authorization.

The Pre-Registration Period

In January 2020, USCIS introduced an H-1B "pre-registration period" from March 1 through March 20 to allow employers to register their interest in filing an H-1B petition on behalf of a specific employee. Once...



Read Full Story: https://news.google.com/rss/articles/CBMiUWh0dHBzOi8vd3d3Lmpkc3VwcmEuY29tL2xl...