H-1B Renewals Near Record in FY2026 as Registrations Plummet

What Happened

New analysis of U.S. Citizenship and Immigration Services data reveals that H-1B petitions for continuing employment — extensions, transfers, and amendments for workers already in H-1B status — are on pace to set an all-time record in fiscal year 2026.

LayoffHedge, a workforce analytics firm, compiled data from the [USCIS H-1B Employer Data Hub](https://www.uscis.gov/tools/reports-and-studies/h-1b-employer-data-hub) and found that 273,026 continuing-employment petitions had been approved through the first nine months of FY2026 (October 2025 through June 2026). That total already approaches the record of 291,542 set in FY2025, with the entire fourth quarter still ahead. Fewer than 19,000 additional approvals would break the record.

The data was [reported by Newsweek on July 3, 2026](https://www.newsweek.com/h-1b-visas-skyrocket-despite-trump-admin-crackdown-12154338), with the FY2025 benchmark independently confirmed by a [November 2025 policy brief from the National Foundation for American Policy](https://nfap.com/research/new-nfap-policy-brief-h-1b-petitions-and-denial-rates-in-fy-2025/) (NFAP). The Pew Research Center, which maintains a historical series of H-1B approval data obtained through a Freedom of Information Act request, verified the methodology to Newsweek.

The Numbers in Context

Continuing-employment petitions are the uncapped side of the H-1B program. Unlike initial employment petitions — which are generally subject to the annual cap of 85,000 visas and now go through the wage-weighted lottery — continuing-employment petitions cover workers who are already in H-1B status and need an extension, are transferring to a new employer, or are filing an amended petition (for example, after a change in job duties or worksite location).

These petitions have grown steadily as a share of total H-1B activity. According to [Pew Research Center](https://www.pewresearch.org/) data, roughly 400,000 H-1B petitions were approved in FY2024, of which 258,196 — about 65% — were for continuing employment. By FY2025, continuing-employment approvals rose to 291,542, per the [NFAP policy brief](https://nfap.com/wp-content/uploads/2025/11/H-1B-Petitions-and-Denial-Rates-For-FY-2025.NFAP-Policy-Brief.2025.pdf).

• FY2024: ~258,196 continuing-employment approvals (65% of ~400,000 total H-1B approvals)
• FY2025: 291,542 continuing-employment approvals (record high)
• FY2026 through Q3: 273,026 continuing-employment approvals (on pace to exceed FY2025)

Why Renewals Are Surging

Three structural forces are driving the growth in continuing-employment petitions, none of which are likely to reverse soon.

First, the employment-based green card backlog keeps H-1B holders in temporary status for years — sometimes decades. Indian-born EB-2 and EB-3 applicants face priority-date backlogs stretching back to 2012–2014, and the EB-2 India category is currently ["Unavailable" for the remainder of FY2026](https://travel.state.gov/content/dam/visas/Bulletins/visabulletin_July2026.pdf). Workers waiting in these queues must file H-1B extensions every one to three years, generating a compounding volume of continuing-employment petitions.

Second, the 2015 USCIS Administrative Appeals Office decision in *Matter of Simeio Solutions* requires employers to file a new H-1B petition (an amendment) whenever an H-1B worker's place of employment changes to a new Metropolitan Statistical Area. Because many workers — especially in technology and consulting — move between offices or shift to remote-work arrangements, this rule generates additional petition filings that inflate the continuing-employment count.

Third, the H-1B transfer market remains active. Despite macro-level uncertainty, workers continue to change employers. Jiaxin He, a research assistant with the Economic Innovation Group, told Newsweek that of FY2025's 291,542 continuing-employment approvals, only 118,194 were "actual renewals." The remaining roughly 173,000 represented workers who changed jobs, received promotions, transferred employers, or otherwise amended their status.

Meanwhile, New Registrations Are Falling

While the existing H-1B workforce grows, the pipeline of new H-1B workers is narrowing sharply. USCIS data shows cap-subject H-1B registrations have declined in three consecutive cycles since the FY2024 peak.

The initial drop from FY2024 to FY2025 was largely structural: the beneficiary-centric registration system, implemented in 2024, eliminated the ability of multiple employers to file duplicate registrations for the same worker. But the continued decline into FY2026 and FY2027 reflects a real contraction in demand, driven by the $100,000 consular-processing fee (currently in effect pending a [First Circuit appeal](https://www.newsweek.com/h-1b-visas-skyrocket-despite-trump-admin-crackdown-12154338)), the wage-weighted lottery that reduces selection odds for lower-wage positions, rising compliance costs, and broader uncertainty about the program's future.

The result is a two-track H-1B landscape: a large and growing population of existing H-1B workers cycling through renewals and extensions, and a shrinking inflow of new workers entering through the cap.

• FY2024: 780,884 total registrations (peak, inflated by duplicate registrations before reform)
• FY2025: 479,953 registrations (first year of the beneficiary-centric system, down 39% from FY2024)
• FY2026: 358,737 registrations (down 25% from FY2025)
• FY2027: estimated ~38.5% further decline in eligible registrations compared to FY2026, per USCIS data cited by the Brookings Institution

What Attorneys Should Know

The continuing-employment approval data carries important nuances for practitioners advising employers on H-1B strategy.

First, the 1.9% denial rate for continuing-employment petitions in FY2025 — nearly identical to FY2024's 1.8% and far below the 12% denial rate seen during FY2018 and FY2019 — suggests that, for now, extensions and transfers remain low-risk filings. However, the [NFAP policy brief](https://nfap.com/wp-content/uploads/2025/11/H-1B-Petitions-and-Denial-Rates-For-FY-2025.NFAP-Policy-Brief.2025.pdf) notes that denial rates climbed to 12% in FY2018 during the prior Trump administration, and practitioners should watch for signals that USCIS adjudication posture may shift again — particularly given the broader policy environment.

Second, under the new wage-weighted registration system effective for FY2027, registration data (SOC code, wage level, area of employment) must align precisely with the subsequently filed I-129 petition. Any inconsistency between registration-stage data and petition-stage evidence invites a denial. Attorneys should establish rigorous internal controls to ensure alignment, particularly for employers filing at scale.

Third, top employers by continuing-employment approvals in FY2025 — Amazon (14,532), TCS (5,293), Microsoft (4,863), Meta (4,740), Apple (4,610), Google (4,509) — are heavily weighted toward companies with large India-born workforces stuck in EB-2/EB-3 green card queues. The volume of extensions filed by these employers will continue to grow until Congress addresses the per-country limit or the backlog clears — neither of which appears imminent.

What Applicants Should Do

If you hold an H-1B visa and are filing for an extension or planning a transfer, the data offers cautious reassurance: continuing-employment petitions are being approved at historically high rates with low denial risk. But the policy environment is shifting, and proactive preparation matters more than ever.

• File extensions early. USCIS processing times remain elevated, and the 240-day extension-of-stay provision (which allows continued employment while an extension is pending) only protects you if the petition is filed before your current status expires.
• Keep wage documentation current. Under the wage-weighted system, your wage level relative to the Occupational Employment and Wage Statistics (OEWS) data for your occupation and geography now affects both selection odds for new petitions and adjudication scrutiny for amendments.
• Coordinate transfer timing carefully. If you are changing employers, ensure your new employer files the H-1B transfer petition before your current authorization expires. The 60-day grace period after termination of employment is a narrow window — and USCIS is [increasing scrutiny](https://bizlegalservices.com/2026/07/01/h-1b-holders-face-difficulties-after-losing-employment/) of B-2 change-of-status applications filed as a bridge during job searches.
• Track your green card priority date. If you are waiting in the EB-2 or EB-3 backlog, the number of H-1B extensions you will need to file is directly tied to how long your green card takes. Monitor the monthly Visa Bulletin — EB-2 India is currently Unavailable through September 30, 2026, and new FY2027 visa numbers will not be allocated until October 2026.