The FY2026 H-1B cap season is well underway, and the U.S. Citizenship and Immigration Services (USCIS) has confirmed it has received enough registrations to meet both the regular cap and advanced degree exemptions. For employers and representatives with selected registrations, now is the time to ensure that cap-subject petitions are filed accurately and efficiently before the 90-day window closes on June 30, 2025.
At Ahluwalia Law Offices, we counsel businesses and foreign professionals on best practices when filing H-1B petitions to avoid denials, delays, or loss of eligibility. Below are essential tips to ensure a successful petition under the FY2026 H-1B cap.
Understanding USCIS Registration Statuses
Each electronic registration will reflect a status such as “Submitted,” “Selected,” “Not Selected,” or “Denied.” Only those marked as “Selected” are eligible to file an H-1B cap-subject petition.
Filing Window and Location
Selected petitioners must submit Form I-129 between April 1 and June 30, 2025. The USCIS lockbox filing location depends on whether the petition is submitted with premium processing. Carefully verify the address on the USCIS Form I-129 Direct Filing page.
Filing Best Practices
Match Your Petition with the Registration
Make sure beneficiary data matches the Registration Selection Notice. Discrepancies—such as a change in passport number—must be explained and supported with documentation.
Use the Correct Form Edition
Confirm you’re using the current edition of Form I-129, and ensure all supplemental forms (H Classification Supplement, H-1B Data Collection) are complete.
Prepare Separate Checks
Each fee—base filing, fraud prevention, asylum program, training, and optional premium processing—requires its own check made out to U.S. Department of Homeland Security.
Double-Check the LCA
The Labor Condition Application (LCA) must list the exact job title, work location, and wage rate included in Form I-129. Errors here are a leading cause of rejections.
Watch Your Filing Timing
Do not wait until the final days of the window. USCIS may reject petitions due to correctable errors like missing signatures, incorrect fees, or delivery issues. Early filing allows time to cure deficiencies.
Cap-Gap Reminders for F-1 Students
F-1 students can qualify for cap-gap extensions only after filing a cap-subject petition—not upon registration. If their OPT expires before the H-1B start date (e.g., October 1, 2025), a properly filed petition ensures work authorization and status continuation until April 1, 2026, or the petition’s start date.
Handling Multiple Petitions and Errors
Multiple registrations from unrelated employers for the same beneficiary are permitted, but any duplicate filings by related entities without legitimate business need will be denied or revoked. Petitioners must also ensure that all identifying information is accurate; changes from registration to petition must be documented.
In the event of a delivery failure or rejection due to minor issues, USCIS will not accept refiling after the 90-day window, regardless of the cause. If issues occur early enough in the period, petitioners may still cure and resubmit—another reason early filing is strongly advised.
Conclusion
A successful H-1B cap petition requires precision, preparedness, and timeliness. With increased scrutiny and the shift to a beneficiary-centric selection model, each detail counts. Ahluwalia Law Offices is here to guide you through the process and safeguard your petition’s integrity.
If you need assistance preparing your FY2026 H-1B cap-subject petition or have questions about documentation, filing fees, or timing, contact our experienced immigration attorneys today.
