The registration process for the Fiscal Year (FY) 2026 H-1B cap will open soon. During this period, employers must register each prospective H-1B beneficiary electronically through the USCIS online system. Each registration requires a non-refundable fee of $215. Here is a table with important dates for the H-1B FY 2026 Lottery (for the 2025 filing season):
| Event | Date | Details |
| H-1B Registration Opens | March 7, 2025 (12:00 PM ET) | Employers can start submitting registrations via the USCIS online system. |
| H-1B Registration Closes | March 24, 2025 (12:00 PM ET) | Last day for employers to register candidates for the lottery. |
| Lottery Selection Results | By March 31, 2025 | USCIS notifies selected beneficiaries via the online portal. |
| H-1B Petition Filing Period Begins | April 1, 2025 | Employers of selected candidates can start filing complete H-1B petitions (Form I-129). |
| H-1B Petition Filing Deadline | Typically June 30, 2025 (Exact date TBD) | Employers must submit the full petition within the filing window. |
| Possible Second Lottery | July – September 2025 (If needed) | If USCIS does not receive enough petitions, a second selection round may occur. |
| H-1B Start Date for Approved Cases | October 1, 2025 | Approved H-1B employees can begin working in the U.S. under their visa. |
Key Updates for FY 2026
- Beneficiary-Centric Selection Process – Each beneficiary has an equal chance of selection, regardless of the number of registrations submitted on their behalf.
- Enhanced Organizational Accounts – Employers can now collaborate within the USCIS online system for improved petition management.
Steps to Prepare
- Create a USCIS Online Account – Employers who haven’t registered before should create an organizational account.
- Gather Beneficiary Details – Ensure accurate information, including passport details, for each applicant.
- Plan for Registration Fees – Allocate funds for the $215 registration fee per beneficiary.
Next Steps
- All registrations must be submitted within the deadline, as late entries will not be accepted.
- USCIS will notify selected registrants by March 31, 2025.
Step-by-Step Process for Employer Registration
1. Create a USCIS Online Account
- Employers (petitioners) must create an Organizational USCIS Online Account before they can submit registrations.
- This account allows multiple users from the same organization to work on registrations and petitions collaboratively.
2. Choose the Correct Account Type
- During account creation, select “I am an H-1B registrant.”
- This ensures the account is specifically for submitting H-1B registrations.
3. Wait for the Registration Period to Open
- The initial registration period for FY 2026 starts March 7, 2025, at 12:00 PM Eastern Time and ends March 24, 2025, at 12:00 PM Eastern Time.
- Registrations cannot be submitted before or after this period.
4. Enter Employer and Beneficiary Details
- The employer must provide:
- Business name and Employer Identification Number (EIN)
- Employer’s address and contact details
- Name and details of the authorized signatory
- Each beneficiary’s details must also be entered, including their full name, date of birth, country of birth, country of citizenship, and passport number.
5. Pay the H-1B Registration Fee
- A non-refundable $215 registration fee must be paid per beneficiary.
- USCIS allows payment via credit card, debit card, or bank withdrawal (ACH).
- Employers can register multiple beneficiaries in one session but must pay for each separately.
6. Submit the Registration
- Once all beneficiary details are entered and payment is made, the employer submits the registrations.
- A confirmation number will be provided for each beneficiary, which can be used for tracking purposes (but cannot be used to check case status).
7. USCIS Lottery Selection & Notification
- If USCIS receives more registrations than available H-1B visas, a random lottery selection will occur.
- Employers will be notified by March 31, 2025, whether their beneficiary was selected.
- If selected, employers will be able to file a full H-1B petition (Form I-129) within the designated filing period.
Additional Notes
- Multiple Employers & Duplicate Registrations:
- A single employer cannot submit multiple registrations for the same beneficiary. If found, all registrations for that beneficiary from the employer will be rejected.
- However, the same beneficiary can be registered by different employers without issue.
Legal Requirements for H-1B Registration
- Bona Fide Job Offer Required
- The H-1B visa is employer-sponsored, meaning the employer must have a real, existing job that requires a specialty occupation worker.
- The job must meet wage and working conditions as per the Labor Condition Application (LCA) filed with the Department of Labor (DOL).
- Employer-Employee Relationship
- The employer must prove that it has a genuine employer-employee relationship with the beneficiary, meaning they control the work, pay the salary, and provide work assignments.
- Labor Condition Application (LCA)
- Before filing an H-1B petition, the employer must submit an LCA to the DOL certifying that the position meets wage requirements.
- If an employer registers a beneficiary without a real job, they may not be able to provide the required LCA later, making the petition invalid.
- USCIS Fraud Prevention Measures
- USCIS has strict anti-fraud measures in place. If an employer registers someone without an actual job and cannot file a legitimate H-1B petition if selected, they risk penalties, including:
- Denial of petitions
- Disqualification from future H-1B filings
- Potential investigation for visa fraud
- USCIS has strict anti-fraud measures in place. If an employer registers someone without an actual job and cannot file a legitimate H-1B petition if selected, they risk penalties, including:
- No “H-1B for Future Use”
- Employers cannot register candidates just in case they find a job later. If selected in the lottery, they must file a full H-1B petition with supporting documents, including a valid job offer letter and LCA.
Consequences of False Registration
- If an employer submits an H-1B registration without a legitimate job, they risk:
- Denial of the H-1B petition
- Fines and penalties for misrepresentation
- Future disqualification from USCIS programs
What Employers Can Do Instead
If an employer is interested in hiring a foreign worker but does not have a current job opening, they can:
- Wait until they have an actual position before submitting an H-1B registration.
- Explore alternative work visas (e.g., OPT, STEM OPT, TN visa for eligible candidates).
- Hire the candidate as a contractor and sponsor them once a full-time role is available.
An employer is not required to file an H-1B petition even if the candidate is selected in the lottery. However, there are some important considerations:
1. H-1B Selection Does Not Mean Automatic Petition Filing
- If a candidate is selected in the lottery, the employer has the option to file a full H-1B petition (Form I-129) but is not obligated to do so.
- If the employer chooses not to proceed, the H-1B simply expires, and the candidate does not get a visa.
2. Why Would an Employer Not File?
Some common reasons employers do not proceed with filing an H-1B petition after selection include:
- No actual job available (e.g., loss of project or funding).
- Candidate no longer interested or has found another opportunity.
- Company policy change regarding visa sponsorship.
- Issues with the Labor Condition Application (LCA) (e.g., wage level requirements).
- Fraud concerns or duplicate entries (USCIS may reject registrations that appear fraudulent).
3. Consequences of Not Filing
- The candidate loses their lottery selection, and the opportunity is not transferred to the next person.
- The candidate must re-enter the lottery next year if they still seek H-1B sponsorship.
- There is no penalty for the employer if they do not file, but repeated non-filings can raise red flags with USCIS.
4. Can the Candidate Transfer Their Selection to Another Employer?
- No, H-1B lottery selections are employer-specific, meaning the selection cannot be transferred to another company.
- If another employer wants to sponsor the same candidate, they must have registered them separately and won the lottery under their own registration.
5. What Should Employers Do If They’re Unsure About Filing?
- Be sure before entering the lottery—avoid registering unless there is a genuine intent to hire the candidate.
- If selected, evaluate quickly whether the company can proceed with filing the H-1B petition before the deadline.
- Communicate with the candidate early to ensure they still intend to work for the employer.
A candidate can enter the H-1B lottery through multiple different employers, as long as each employer genuinely intends to hire the candidate for a legitimate job. However, there are important rules and risks to consider.
1. Multiple Employers Are Allowed
- A candidate can have multiple H-1B registrations submitted on their behalf by different, unrelated employers.
- If multiple registrations from different employers are selected, the candidate can choose which employer to proceed with for filing the H-1B petition.
- Each employer must have a legitimate job offer and be unaffiliated with other employers filing for the same candidate.
2. Duplicate Filings from the Same Employer Are Not Allowed
- An employer cannot submit multiple H-1B registrations for the same candidate.
- If the same employer submits multiple registrations for one beneficiary, all registrations from that employer will be denied by USCIS.
3. Risks of Coordinated or Fraudulent Filings
- Collusion Between Employers is Prohibited:
- If two or more employers are working together to improve the chances of one candidate being selected (e.g., shell companies, fake job offers), USCIS considers this fraudulent and may deny all associated registrations.
- USCIS Can Detect Abusive Patterns:
- USCIS actively monitors registration trends to identify suspicious filings, such as multiple registrations from closely related companies or a single address.
- Potential RFEs (Requests for Evidence) or Denials:
- If a candidate is selected by multiple employers, USCIS may request additional evidence to confirm each job is legitimate before approving the petition.
4. What Happens If Selected by Multiple Employers?
- If a candidate wins the lottery through multiple employers, they can choose which employer to proceed with for filing the actual H-1B petition.
- The other employers whose petitions are not filed will simply lose their selection slot, and no penalties will be imposed.
5. Best Practices for Candidates and Employers
✅ Only register with genuine, independent employers that have actual job openings.
✅ Ensure each employer has a legitimate role and is not coordinating with others for multiple filings.
✅ If selected by multiple employers, pick the best offer and proceed with one filing.
🚫 Avoid working with agencies or employers offering to submit multiple H-1B registrations just to increase chances.
🚫 Do not enter the lottery with multiple employers who are related, subsidiaries, or operating under the same ownership.
Requirements for the H-1B Master’s Cap (Advanced Degree Exemption)
To qualify for the H-1B Master’s Cap (Advanced Degree Exemption), a candidate must meet the following criteria:
1. Degree Requirements
✅ U.S. Master’s Degree or Higher
- The candidate must have earned a master’s degree or higher from a U.S.-based, accredited institution.
- Degrees obtained from foreign institutions do not qualify for the master’s quota.
✅ Accreditation by a U.S. Recognized Agency
- The institution granting the degree must be accredited by a U.S. Department of Education-recognized accrediting agency at the time the degree was awarded.
- You can check accreditation status through the Database of Accredited Postsecondary Institutions and Programs (DAPIP).
✅ Degree Must Be Completed Before Petition Filing
- The master’s degree must be fully completed at the time of filing the H-1B petition.
- If the candidate is in the final semester, they can still register for the lottery but must have received the degree before the employer files the full H-1B petition.
2. Institution Type
✅ Public or Private Non-Profit U.S. Universities Only
- The degree must be from a U.S. public or private nonprofit university.
- For-profit universities do not qualify for the master’s quota, even if accredited.
3. General H-1B Eligibility Still Applies
Even if the candidate qualifies under the Master’s Cap, they must still meet all standard H-1B requirements, including:
- A job offer from a U.S. employer in a specialty occupation.
- The job must require at least a bachelor’s degree or higher in a relevant field.
- The employer must file a Labor Condition Application (LCA) confirming prevailing wage compliance.
Master’s Cap Lottery Advantage
The H-1B Cap has two categories:
- Regular Cap: 65,000 visas (for all applicants, including those with U.S. or foreign bachelor’s degrees).
- Master’s Cap (Advanced Degree Exemption): 20,000 additional visas for candidates with qualifying U.S. master’s or higher degrees.
How It Works:
- Master’s degree holders get two chances in the lottery:
- First in the Regular Cap Lottery (65,000 slots). If not selected:
- Then in the Master’s Cap Lottery (20,000 additional slots).
This increases their chances of selection compared to candidates with only a bachelor’s degree.
Who Does NOT Qualify for the Master’s Cap?
❌ Candidates with a foreign master’s degree (even if equivalent to a U.S. master’s).
❌ Candidates with only a U.S. bachelor’s degree.
❌ Candidates with a master’s from a for-profit U.S. institution.
❌ Candidates who have not completed their degree before H-1B petition filing.
Can an Employer Charge the H-1B Registration Fee to the Candidate?
No, an employer cannot charge the H-1B registration fee to the candidate. According to U.S. Department of Labor (DOL) and USCIS regulations, the employer must bear the costs associated with filing an H-1B petition, including the H-1B registration fee.
Legal Rules Regarding H-1B Fees
Under federal law and immigration regulations, the employer is responsible for paying all mandatory H-1B-related fees to avoid wage violations and worker exploitation.
Fees the Employer Must Pay:
✅ H-1B Registration Fee ($215 per beneficiary)
✅ USCIS Base Filing Fee ($460 for Form I-129)
✅ ACWIA (American Competitiveness and Workforce Improvement Act) Fee ($750 or $1,500, depending on company size)
✅ Fraud Prevention and Detection Fee ($500, if applicable)
✅ Public Law Fee ($4,000, if the employer has 50+ employees and more than 50% are H-1B or L-1 visa holders)
These fees cannot be passed on to the H-1B beneficiary, even through salary deductions or reimbursements.
What Fees Can the Candidate Pay?
There are only a few costs that can be legally paid by the candidate: ✅ Premium Processing Fee ($2,805, optional) – If the employee requests premium processing (not the employer), they may pay this fee.
✅ Attorney Fees (in some cases) – If the candidate hires an independent attorney for personal consultation, they can pay their own legal costs.
✅ Visa Stamping Fees & Travel Costs – The candidate pays for their visa interview, DS-160 application fee, and travel expenses for visa stamping.
Penalties for Employers Charging Candidates for H-1B Fees
If an employer illegally charges an H-1B candidate for mandatory fees, they risk: ❌ DOL wage law violations (reducing required wages below the prevailing wage).
❌ Denial or revocation of the H-1B petition by USCIS.
❌ Fines or penalties from DOL for labor law violations.
❌ Being barred from filing future H-1B petitions.
How Employers Try to Get Around This (and Why It’s Illegal)
🚫 Salary Deduction for Fees: Employers cannot deduct H-1B-related costs from the employee’s paycheck.
🚫 Reimbursement Agreement: Employers cannot ask candidates to repay H-1B filing costs if they leave before a certain period.
🚫 Third-Party Payment: Employers cannot force the candidate’s friend or family to cover the costs.
What Should a Candidate Do If Asked to Pay?
If an employer requests payment for the registration or filing fees:
- Politely remind them that the law requires the employer to cover all necessary fees.
- Request confirmation that they will cover all mandatory costs as per DOL and USCIS regulations.
- Report violations to the DOL Wage and Hour Division (WHD) if needed.
As of February 28, 2025, the U.S. Citizenship and Immigration Services (USCIS) has not announced whether there will be a second or third H-1B lottery for the Fiscal Year (FY) 2026 cap season. In previous years, USCIS conducted multiple selection rounds when initial petition filings did not meet the annual H-1B visa cap. For instance, in FY 2025, a second lottery was held to fulfill the regular cap quota. The necessity for additional lotteries depends on various factors, including the number of registrations received during the initial period and the rate at which selected applicants file complete petitions. The initial registration period for the FY 2026 H-1B cap is scheduled from March 7, 2025, to March 24, 2025. Employers and applicants are advised to monitor official USCIS communications for updates on the H-1B selection process.
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