The registration for the H1b lottery for the fiscal year 2025-26 has begun today and I wanted to touch on some areas that H1b candidates and employers might find useful.
Bona fide job offer:
There is no question of an employer registering for a H1b if there is not a bona fide job offer. This means the employer should have actual job for the H1b candidate. Speculative jobs are not allowed. H1b employer based on their needs should have the ability to offer you a job and should be in a position to engage you in that job on October 1, 2025. So if the employer is confident that by October 1, 2025 they can do all that is required for you to occupy the position then H1b registration can be done based on a bona fide job offer. Remember that at the time of filing the H1b (between April to June 2025) the H1b employer should be able to provide documentation for an actual assignment or if they don’t provide it at the time of initial filing the USCIS will issue a “Request for Evidence (RFE)” notice asking for documentation to support an assignment or availability of actual work.
H1b through IT consulting firm:
H1b registration through an IT consulting firm is allowed as far as there is a confirmation for a project / assignment with a client since USCIS is asking H1b petitioners to provide documentation regarding assignment/project with client. Inhouse projects can be shown to support a H1b only if there is actually an inhouse project in place. That too these inhouse projects have to be real since for last many years inhouse project have been scrutinized a lot by USCIS during site visits and also at the US consulate level.
H1b through startups:
H1bs through startups are allowed but the startup should be able to prove that they are working on a product and be able to provide details like licenses they have taken out for different softwares required to develop the product and also show they have invested in some hardwares like laptops to work on product. If they already have a product then that makes the case stronger. Client contracts help to support a H1b and also bank statements to show at least ability to pay salary for two months will help.
H1b filing and legal fees:
H1b candidates cannot pay in any form the H1b filing or legal fees. We have seen USCIS asking for H1b applicant’s bank statement during visa appointments or during site visit to see if the candidate paid or compensated the H1b employer for the filing fees. Candidates can bear the cost of premium filing fees if the premium filing is solely for the benefit of the candidate.
Employment with H1b sponsor
Employment with H1b sponsor has to begin by October 1, 2025 or by the date the H1b is approved if it is later than October 1, 2025. There is no requirement that you have to be working with the H1b sponsor at the time of registration.
H1b candidate outside of USA
H1b candidates outside USA has to beware of any scams where some companies might ask you to pay money towards registration. Please don’t fall for any of these scams. If you are not in USA then there is no way a company can place you with a client on a project since most of the clients require social security numbers for someone to start assignment. So those who are outside USA should not fall into the trap of paying money for H1b filing. Filings of H1b for people outside USA by big consulting firms or implementation partners should be fine since they have continuing IT contracts with their big clients and will be able to justify the H1b filings. Most of the time these options are limited to candidates who are already working for these big IT consulting firms.
Change of status vs consular processing
Change of status is a good option if you are in USA on another status and want to move on to H1b status on October 1, 2025. If you feel you have any status issues then better to request for consular processing. Consular processing is also an option for someone who want to continue using their EAD based on Optional Practical Training (OPT) for an extended period. Consular processing will require that at some point before you can get on to H1b status you will have to go out of USA and re-enter after getting a H1b visa stamp.
Evaluation of the credentials
Before the employer registers a candidate it is a good idea to evaluate the candidate’s credentials. You don’t want a situation that you register for a candidate and then find that the candidate does not qualify for the offered position since the candidate does not have the requisite educational qualification based on education or based on education plus experience.
Masters quota
If you have a Masters degree in a field that qualifies you for the offered position then you have a chance to register under the H1b masters quota. But remember that the Masters degree has to be from a US university and the university should be a public or private non-profit university and duly accredited by one of the nationally recognized accrediting agency. There have been cases when after many years USCIS has revisited the first H1b and issued intent to revoke notices for a mistake made in H1b registrations years back.
So I wish employers and candidates the very best with the H1b registration but request to follow certain standards so one does not get into any issues with USCIS or Department of State. Compliance with the immigration regulations should be the governing factor.
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