H-1B visa registration for FY26 opens today: Key things to know
The H-1B visa registration for FY26 starts today and ends on March 24, 2025. USCIS has raised the registration fee to $215 per beneficiary. This year, each applicant has an equal chance of being selected. Employers must register electronically and...
By ET Online |
The H-1B visa registration process for the fiscal year 2026 begins today, March 7, 2025, and will continue until March 24, 2025. US employers looking to hire skilled foreign workers in fields such as IT, healthcare, and engineering must complete the registration process within this period. The US Citizenship and Immigration Services (USCIS) has introduced major changes this year, including a significant fee hike and a beneficiary-centric selection process.
Higher registration fee for H-1B applicants
USCIS has raised the H-1B registration fee from $10 to $215 per beneficiary, marking a 2050% increase. This fee is non-refundable and must be paid at the time of registration. The agency stated that the increase is intended to cover administrative costs and reduce the number of non-serious applications.
Registration process and lottery selection
The registration must be submitted electronically through the USCIS online portal before the March 24 deadline. Once the registration period closes, USCIS will conduct a random lottery selection and notify selected applicants by March 31, 2025.
Beneficiary-centric selection process
Under the revised selection process, each applicant has an equal chance of being selected, regardless of the number of registrations submitted on their behalf. This rule, introduced in FY2025, aims to prevent employers from gaining an unfair advantage by submitting multiple registrations for the same beneficiary.
Steps for employers
To complete the H-1B registration, US employers must:
Create a USCIS online account if they do not already have one.
Pay the $215 registration fee per applicant.
Submit the registration within the March 7-24 window.
Wait for lottery results, which will be announced by March 31, 2025.
If selected, file the full H-1B petition within the designated timeframe.
Payment options and transaction limits
Due to the increased fee, USCIS has raised the daily credit card transaction limit from $24,999.99 to $99,999.99. Employers exceeding this amount must pay through Automated Clearing House (ACH). USCIS advises businesses to inform their banks in advance to avoid transaction blocks.
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Next steps after selection
Employers whose registrations are selected in the lottery can begin filing full H-1B cap-subject petitions starting April 1, 2025. The petition filing window is expected to remain open until June 30, 2025. Approved applicants can begin employment on or after October 1, 2025.
What happens if you're not selected?
If a registration is not selected in the initial lottery, it will remain in "Submitted" status. USCIS may conduct additional selection rounds if there are unfilled cap slots. Applicants should regularly check their USCIS accounts for updates.
With the deadline approaching, employers and applicants should complete registrations early and ensure compliance with the new rules. The revised process aims to improve fairness while addressing concerns related to system abuse and fraud.
Fraud prevention measures
To enhance the integrity of the H-1B lottery system, USCIS has implemented new fraud prevention measures, effective since January 30, 2024. These include stricter beneficiary verification, preventing duplicate entries, and ensuring only selected applicants can submit full H-1B petitions.
H-1B visa application process: A step by step guide
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To get an H-1B visa, you need a company to sponsor you. If you're already in the US on a student visa, ask your employer if they can sponsor your H-1B. Otherwise, consult an immigration lawyer about your options.
Your sponsor can be your current or a new employer, as long as they're willing to support your application.
To get an H-1B visa, you need a company to sponsor you. If you're already in the US on a student visa, ask your employer if they can sponsor your H-1B. Otherwise, consult an immigration lawyer about ..
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Every company who want to hire a foreign worker on an H-1B visa needs to first complete and submit a Labor Condition Application (LCA) to the US Department of Labor (DOL). This document is crucial and serves as a guarantee that the company will follow specific rules, such as paying the prevailing wage and not negatively impacting US worker opportunities.
However, before getting the LCA approved by the DOL, the company must go through certain mandatory steps. These steps involve providing details about the job, ensuring proper wage standards are met, and meeting legal requirements to protect the rights of both the foreign worker and US workforce.
Every company who want to hire a foreign worker on an H-1B visa needs to first complete and submit a Labor Condition Application (LCA) to the US Department of Labor (DOL). This document is crucial an..
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To ensure H-1B visa workers aren't paid less than others doing similar jobs in the same area, the prevailing wage is used as a benchmark. This wage is confirmed by the state employment agency and should be met by the employer. If not, a wage determination is required.
There are three ways to find the prevailing wage: 1. National Prevailing Wage and Center (NPWC): This is the most reliable and recommended option - it offers "safe harbor status," meaning employers using the NPWC wage are less likely to face legal challenges related to underpaying workers.
2. Independent survey: An independent and credible source can conduct a wage survey to determine the prevailing wage.
3. Other legitimate sources: While possible, using other sources (besides the NPWC) is generally not advised due to potential legal risks.
To ensure H-1B visa workers aren't paid less than others doing similar jobs in the same area, the prevailing wage is used as a benchmark. This wage is confirmed by the state employment agency and sho..
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Once the employer acquires the current prevailing wage, the next step involves submitting the Labor Condition Application (LCA) through the completion of Form ETA 9035, which is filed with the Department of Labor (DOL). This application must be electronically submitted using the Foreign Labor Application Gateway (FLAG) system.
The submission should not exceed a six-month timeframe from the commencement date of the employment period.
In cases where employers face physical disabilities or lack internet accessibility, an alternative option is available. They may seek permission from the Office of Foreign Labor Certification (OFLC) for special consideration to submit their ETA 9035 application by mail.
Once the employer acquires the current prevailing wage, the next step involves submitting the Labor Condition Application (LCA) through the completion of Form ETA 9035, which is filed with the Depart..
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After concluding the Labor Condition Application (LCA) process, the employer can move forward with the submission of the H-1B petition by completing Form I-129, officially known as the Petition for Nonimmigrant Worker. It is crucial for the employer to attach an employment letter containing precise details such as the position's duties, employment dates, comprehensive job description, offered salary, position requirements, and contact information.
Supporting documents for the foreign employee, including academic qualifications, training certificates, membership records, resume, and a letter of support, should be included.
The final stage in the H-1B visa application process involves monitoring the petition's status. This can be done by entering the receipt number into the USCIS website. As soon as USCIS processes and records your application, they will update the status on their system.
After concluding the Labor Condition Application (LCA) process, the employer can move forward with the submission of the H-1B petition by completing Form I-129, officially known as the Petition for N..
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After your I-129 is approved, you will receive Form I-797 Notice of Action and you are one step closer to completing the process. Based on weather you're in the Us or not at the time, your next steps will change.
After your I-129 is approved, you will receive Form I-797 Notice of Action and you are one step closer to completing the process. Based on weather you're in the Us or not at the time, your next steps..
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If you are currently in the United States, your immigration status will automatically shift to H-1B, and the USCIS will update your I-94 record to reflect this change. It's essential to refrain from engaging in any employment activities until your status has officially transitioned.
To obtain an H-1B visa stamp, the process involves submitting DS-160 and scheduling a visa stamping appointment within 90 days before your intended start of work in the US This option is applicable to individuals already holding a valid nonimmigrant status, such as O-1, J-1, or L-1 status.
Alternatively, if you are currently residing in the US, you can opt for consular processing. This route requires traveling back to your home country to get the visa stamped at the US embassy or consulate there. It's important to note that consular processing entails additional applications and documentation. Additionally, there is a chance of administrative processing, which may potentially cause delays in your employment commencement.
If you are currently in the United States, your immigration status will automatically shift to H-1B, and the USCIS will update your I-94 record to reflect this change. It's essential to refrain from ..
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Applicants who submitted their application outside of the United States, will not only have to complete the DS-160 form but also schedule and attend an interview at a US embassy or consulate. Following the approval of the I-129 form, the next step is to submit a nonimmigrant visa application at a US embassy or consulate in one's home country.
This process requires specific documentation and a face-to-face interview at the embassy or consulate. Upon successful visa issuance post-interview, the individual becomes eligible to travel to the United States.
The granted visa serves as a valid travel document to enter the United States. However, approval to enter the country is still required upon reaching a port of entry. Additionally, each visa comes with an expiration date, necessitating entry into the US before this expiration. Upon arrival at the airport or border, permission from the US Customs and Border Protection (CBP) is required for admission to the United States as an H-1B visa holder.
Applicants who submitted their application outside of the United States, will not only have to complete the DS-160 form but also schedule and attend an interview at a US embassy or consulate. Followi..
