Adjustment of Status Faces Higher Scrutiny
AOS is discretionary, not a substitute for standard immigrant visa processing
09/06/2026
On July 18, 2025, U.S. Citizenship and Immigration Services (USCIS) announced that it has received enough petitions to reach the congressionally mandated H-1B visa caps for fiscal year 2026: 65,000 under the regular cap and 20,000 under the U.S. advanced degree exemption (master’s cap). As a result, no new H-1B petitions subject to the cap will be accepted for FY 2026.
However, USCIS will continue to accept and process petitions that are exempt from the cap. These include petitions to extend the stay of current H-1B workers, amend their terms of employment, change employers, or allow concurrent employment in additional H-1B positions.
This update primarily affects employers looking to hire new foreign workers under the H-1B program and individuals seeking H-1B status for the first time, who must now wait for the FY 2027 cap season. Current H-1B visa holders remain exempt from the cap and can still file for employment changes or extensions without undergoing the lottery process again. USCIS encourages employers and petitioners to stay informed by subscribing to updates via the H-1B Cap Season page.
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