The H-1B visa program is a critical pathway for U.S. employers to hire foreign professionals in specialized fields such as technology, engineering, and healthcare. For the fiscal year 2026, the U.S. Citizenship and Immigration Services (USCIS) has announced that the initial registration period will commence on March 7, 2025, and conclude on March 24, 2025. This period is crucial for employers aiming to sponsor foreign workers under the H-1B cap.
Key Dates and Registration Process
- Registration Period: March 7, 2025, to March 24, 2025.
- USCIS Online Account: Employers must create a USCIS online account to submit registrations. This account facilitates the electronic submission of beneficiary information and payment of associated fees.
- Registration Fee: The registration fee has been increased to $215 per beneficiary, a significant rise from the previous $10 fee.
Eligibility Criteria for H-1B Visa
The H-1B visa is designed for foreign workers in specialty occupations that require:
- Specialized Knowledge: The role must require specialized knowledge and skills.
- Educational Qualifications: A bachelor’s degree or higher in a specific field related to the job is typically required.
Fields commonly associated with H-1B visas include:
- Information Technology
- Engineering
- Mathematics
- Sciences
- Architecture
Employers must ensure that the job role meets the criteria for a specialty occupation and that the prospective employee possesses the necessary educational qualifications.
Recent Changes and Updates
Effective January 17, 2025, the Department of Homeland Security (DHS) implemented a final rule aimed at modernizing the H-1B program. Key changes include:
- Revised Definition of Specialty Occupation: The definition has been clarified to ensure precise eligibility requirements. Employers must now ensure that degrees held by applicants are directly related to their job roles.
- Updated Form I-129: USCIS has released a revised Form I-129, Petition for a Nonimmigrant Worker, to align with the new regulations. Employers are required to use this updated form for all H-1B petitions.
- Increased Oversight and Compliance: The new rule enhances USCIS’s ability to monitor compliance and detect fraud within the H-1B program.
Application Process Overview
- Employer Registration: Employers must create a USCIS online account to access the registration system.
- Beneficiary Information Submission: During the registration period, employers submit information about each prospective H-1B worker.
- Payment of Registration Fee: A non-refundable fee of $215 per beneficiary is required at the time of registration.
- Selection Notification: If the number of registrations exceeds the annual cap, USCIS will conduct a lottery. Employers will be notified through their USCIS accounts if their registrations are selected.
- Petition Filing: Employers with selected registrations can then file a complete H-1B petition, including the updated Form I-129 and supporting documentation, within the specified filing period.
Important Considerations
- Cap Limitations: The H-1B visa program has an annual cap of 65,000 visas, with an additional 20,000 visas available for individuals holding advanced degrees from U.S. institutions.
- Multiple Registrations: USCIS has implemented measures to prevent abuse of the registration system, including prohibiting multiple registrations for the same beneficiary by the same employer.
- Legal Compliance: Employers must comply with all labor and immigration laws throughout the H-1B process, including maintaining public access files and adhering to wage requirements.
Conclusion
The upcoming H-1B registration period introduces significant changes aimed at modernizing the process and increasing compliance. Employers intending to sponsor H-1B workers should familiarize themselves with the new requirements and ensure timely submission of registrations during the designated period. Staying informed about these updates is crucial for a successful H-1B petition.
