The H-1B visa program remains a vital pathway for U.S. employers to hire skilled foreign workers. However, recent updates to the H-1B electronic registration process require careful attention. USCIS had implemented significant changes, including a fee increase and new requirements. Below, we outline common registration errors—aligned with current USCIS guidelines—and strategies to avoid them.
1. Duplicate Registrations for the Same Beneficiary
The Error: Submitting multiple registrations for the same beneficiary by the same employer (or related entities without legitimate separateness) remains prohibited. USCIS invalidates duplicate entries unless filed by legally distinct organizations with separate FEINs.
How to Avoid:
- Confirm corporate separateness (e.g., parent/subsidiary structures) and ensure each entity has a unique FEIN.
- Document legitimate business needs for separate filings.
2. Incorrect Employer Information
The Error: Discrepancies in the employer’s legal name, FEIN, or address. USCIS cross-references IRS records, and mismatches lead to rejection.
How to Avoid:
- Verify the FEIN, business name, and address against IRS documents.
- Update USCIS online accounts with current employer details.
3. Beneficiary Name or Passport Mismatches
The Error: Names not matching the beneficiary’s valid passport or legal documents. USCIS now explicitly requires a valid passport at the time of registration.
How to Avoid:
- Enter the beneficiary’s name exactly as it appears on their passport.
- Ensure the passport is valid and unexpired during registration.
4. Payment Failures or Incorrect Fees
The Error: The registration fee is now $215 per submission (upfrom10). Declined payments or incorrect amounts invalidate the registration.
How to Avoid:
- Use USCIS-approved payment methods (credit/debit cards only; ACH is no longer accepted).
- Confirm sufficient funds and payment limits with your bank.
5. Invalid or Inaccessible Email Address
The Error: USCIS communicates registration statuses and requests via email. Typos or inactive emails risk missed critical updates.
How to Avoid:
- Provide a valid, monitored email address for the employer and beneficiary.
- Check spam folders and ensure “uscis.gov” is whitelisted.
6. Missing the Registration Window
The Error: Late submissions due to technical issues or unawareness of deadlines. USCIS does not accept registrations after the window closes.
How to Avoid:
- Track USCIS announcements for annual registration periods (typically March).
- Submit registrations early to avoid last-minute system delays.
7. Failing to Prepare for Post-Selection Petitions
The Error: Selected registrants must file a full H-1B petition within 90 days. Incomplete documentation (e.g., unapproved LCA, missing credentials) leads to denial.
How to Avoid:
- File the Labor Condition Application (LCA) with the Department of Labor immediately after selection.
- Collaborate with immigration attorneys to draft employer support letters and organize evidence.
Key Takeaways for FY 2025 and Beyond
- Fee Increase: $215 per registration (non-refundable).
- Passport Requirement: Beneficiaries must have a valid passport at registration.
- Payment Methods: Credit/debit cards only; ACH no longer accepted.
- USCIS Online Account: Employers must ensure accounts are active and updated.
Partnering with experienced immigration counsel mitigates risks. At Ahluwalia Law Offices, we guide clients through USCIS updates, ensuring compliance from registration to approval.
Need Assistance?
For official guidelines, visit the USCIS H-1B Registration Page. Contact Ahluwalia Law Offices for personalized support tailored to the latest regulations.
Disclaimer: This blog reflects USCIS guidelines as of July 2024. Rules may change—always verify current requirements on the USCIS website. This article does not constitute legal advice.
Sources: USCIS H-1B Electronic Registration Process, USCIS Policy Manual.
Ahluwalia Law Offices – Trusted Guidance for Immigration Success
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