H-1B cap registration is a process that allows U.S. employers to register prospective H-1B workers with U.S. Citizenship and Immigration Services (USCIS). Under this process, prospective petitioners (also known as registrants), and their authorized representatives, who are seeking to employ H-1B workers subject to the cap, complete a registration process that requires basic information about the prospective petitioner and each requested worker.
To better prepare for the H-1B cap registration season, this article endeavors to summarize a few practice pointers which every prospective H-1B employer and employee should know.
H-1B REGISTRATION FEE INCREASE
For FY 2026, the H-1B registration fee has risen to $215 per registrant, a significant jump from the previous $10 fee. This non-refundable fee applies to all participants in the electronic registration process, regardless of whether their registration is selected in the lottery. The fee increase reflects USCIS’s efforts to address rising administrative costs.
ORGANIZATIONAL ACCOUNTS
On February 28, 2024, USCIS introduced new organizational accounts, enabling multiple individuals within a company or organization to collaborate on preparing H-1B registrations, petitions, and premium processing requests. These new accounts are mandatory for participating in the H-1B Electronic Registration Process. Additional information about how to create organization accounts can be gathered at: https://www.uscis.gov/organizational-accounts-FAQ
BOTH THE ATTORNEY AND THE CLIENT (PROSPECTIVE REGISTRANT) NEED TO CREATE A USCIS ONLINE ACCOUNT FOR THE H-1B ELECTRONIC REGISTRATION PROCESS
Both the client (prospective registrant) and the attorney must have USCIS online accounts to participate in the H-1B electronic registration process. Attorneys with an existing legal representative account can use their current account and do not need to create a new one unless they do not already have one.
Clients (prospective registrants) must create an H-1B organizational account to review and approve Form G-28 and H-1B registrations as part of the electronic registration process.
PROVIDE VALID PASSPORT INFORMATION OR VALID TRAVEL DOCUMENT INFORMATION FOR EACH BENEFICIARY
H-1B registrants must provide valid passport or travel document information for each beneficiary. The document must match the one used by the beneficiary to enter the U.S. or the one they intend to use for entry if outside the U.S. It must be current, unexpired, and each beneficiary must be registered under only 1 passport or travel document.
If the passport or travel document expires after registration but before filing the H-1B petition, the petitioner should include details of the new document in Form I-129 and provide documentation for both the original and new documents, along with an explanation for the change.
In rare cases, such as for Venezuelan nationals, expired passports or documents extended by decree or national authority are considered valid. Registrants should use the extended expiration date and provide supporting evidence when filing an H-1B petition. USCIS will review these cases to verify accuracy.
DUPLICATE REGISTRATION IN A SUBMISSION BATCH
Duplicate registration in a submission batch affects only the duplicate registration. Only duplicate registrations will be invalidated. Any properly submitted registrations for different beneficiaries will remain valid and included in the selection process.
Until the initial registration period closes, one can log into your account, review H-1B registrations, and delete any duplicate entries. Similarly, if a registration in a batch contains an error, one can delete the specific erroneous registration without affecting the rest of the batch submission.
PROSPECTIVE PETITIONER IS REQUIRED TO SIGN AN ATTESTATION, UNDER PENALTY OF PERJURY
It is important to remember that when submitting each H-1B registration, the prospective petitioner must sign an attestation, under penalty of perjury, confirming the following:
- All information in the registration submission is complete, true, and accurate.
- The registrations reflect legitimate job offers.
- Neither the registrant nor the organization submitting the registration has collaborated with or agreed to work with another registrant, petitioner, agent, or entity to unfairly increase the chances of selection for the beneficiary or beneficiaries.
If USCIS determines that this attestation is false, the registration will be deemed improperly submitted, and the prospective petitioner will be ineligible to file a petition based on that registration. USCIS may deny or revoke a petition if it was filed based on a registration containing a false attestation.
BENEFICIARY MUST BE ELIGIBLE FOR THE ADVANCED DEGREE EXEMPTION AT THE TIME OF FILING H-1B CAP PETITION
If a beneficiary is registered under the master’s cap with the expectation of earning a qualifying advanced degree but does not obtain it by the time the H-1B petition is filed, USCIS will deny or reject the petition. To qualify for the advanced degree exemption, the beneficiary must have earned the degree before filing Form I-129.
ANTICIPATED H-1B FY 2026 LOTTERY TIMELINE
Based on prior years, the following is the projected timeline for the FY 2026 H-1B lottery process. These dates are subject to change pending USCIS’ official announcement:
- First Week of March 2025: H-1B registration period opens. Employers can create online accounts and submit registrations during this time.
- Third Week of March 2025: Registration period closes. All registrations must be submitted by this deadline.
- Late March 2025: USCIS conducts the lottery and notifies employers of selected registrations.
- April 1, 2025: Petition filing period begins for selected registrations. Employers have 90 days to submit complete petitions and supporting documents.
- June 30, 2025: Final day to submit petitions for FY 2026.
CONCLUSION
The H-1B visa program enables U.S. employers to hire foreign professionals in specialty occupations requiring specialized knowledge and a bachelor’s degree or higher. The upcoming H-1B cap registration for the fiscal year 2026 is scheduled for March 2025. Employers and prospective applicants should prepare to navigate the electronic registration process effectively. By understanding the electronic registration process, adhering to timelines, and preparing necessary documentation, employers can enhance their chances of success in the H-1B selection process.
At HSD Immigration Lawyer, we specialize in complex employment-, investment- and family-based immigration matters. We will continue to monitor and share additional updates as USCIS releases pertaining to H-1B cap registrations for FY 2026. Contact one of HSD Immigration Lawyer offices in Chicago, IL, Naperville, IL, Raleigh, NC, or Clark, NJ, for additional information about this recent announcement and for filing an H-1B cap registration or H-1B cap petition.