H-1B Cap Season Is Over: Key Employer Considerations Before October 1

With the FY 2027 H-1B cap filing season now behind us, employers may be tempted to pause H-1B planning until next spring. The period between petition filing and the October 1 start date, however, remains a critical compliance and planning window for HR and global mobility teams.

Employers should use this time to confirm which employees will change status in the United States, which employees will need visa processing abroad, how start dates and travel plans should be coordinated, whether any cases may be affected by ongoing H-1B fee litigation, and when permanent residence sponsorship should begin, if applicable.

Recent court activity has placed certain travel ban and heightened vetting policies on hold. On July 15, 2026, the U.S. District Court in Rhode Island denied the government’s request to pause the court’s earlier decision while the government appeals. As a result, USCIS must continue processing cases that were previously subject to those hold policies at this time.