Navigating the H-1B FY 2026 visa process can be daunting, especially with the ever-changing rules and regulations. To make things easier, we’ve compiled the most frequently asked questions about the H-1B process for Fiscal Year 2026 (FY 2026). Whether you’re an employer, attorney, or prospective H-1B beneficiary, this comprehensive FAQ sheet is your one-stop guide to understanding the electronic registration process, filing requirements, and everything in between.
Click on the question of interest to reveal the answer.
1. Electronic Registration Process
1.1. General Registration Questions
What date will the registration process open?
The FY 2026 registration period opens on March 7, 2025, at noon ET.
How long will the registration filing window remain open?
The window runs from March 7 to March 24, 2025, at noon ET. All registrations submitted during this period will be included in the lottery.
On what website or platform will USCIS host the electronic H-1B FY 2026
registration process?
USCIS uses the myUSCIS online portal for electronic H-1B registrations. The portal was updated in FY 2025 to support new account types and online filing. If you created a myUSCIS account before February 2024, you’ll need to choose a new account type (legal representative or organizational account) upon logging in after the enhancements.
How do attorneys or law firms submit electronic registrations on behalf of clients?
USCIS introduced the organizational account structure in January 2024, allowing attorneys and companies to collaborate seamlessly. Companies can invite attorneys to join their group, or attorneys can set up company groups and invite administrators. Once linked, attorneys can invite paralegals to assist with form preparation, though only attorneys can submit forms and pay fees.
Can a petitioner/employer use the same email for two different myUSCIS account types?
No, separate email addresses are required for each account type (e.g., Organizational Admin and Organizational User).
If a company has multiple entities, can each entity submit a registration?
Yes, as long as each entity has a legitimate business need and a unique Federal Employer Identification Number (FEIN). Each entity must also have a separate myUSCIS account.
What information is required for the electronic registration process?
Registrants must provide basic information about the company (legal name, EIN, address) and the beneficiary (legal name, gender, date of birth, passport details, etc.). The passport used at registration must match the one listed on the H-1B petition.
Will any information regarding the offered position need to be provided during registration?
No, but it’s a best practice to evaluate the position and beneficiary’s credentials in advance to ensure the registration is bona fide and non-frivolous.
Will an attestation be required as part of the electronic registration process?
Yes, the authorized signatory must certify, under penalty of perjury, that the registration is complete, true, and correct. They must also confirm that they understand English and the information in the form.
Will a Labor Condition Application (LCA) be required during registration?
No, but some attorneys choose to prepare LCAs in advance to streamline the petition filing process. A certified LCA must be included with the H-1B petition.
May I edit a registration after it has been submitted?
No, but you can delete a registration before the system closes on March 24. Once submitted, registrations cannot be edited.
Can you add more beneficiaries after submitting a registration?
Yes, additional beneficiaries can be added during the registration period.
Is there a limit on the total number of beneficiaries a petitioner may register?
No, but each registration batch can include up to 250 beneficiaries. Additional batches can be submitted if needed.
Can an employer withdraw one beneficiary from a batch of registrations?
Yes, individual beneficiaries can be deleted without affecting others in the batch. However, the registration fee for deleted beneficiaries will not be refunded.
1.2. Registration Fee Payment
Is a registration fee required?
Yes, the fee is $215 USD per beneficiary.
What payment methods are accepted for the registration fee?
Payments can be made via Pay.gov using a bank account, credit card, or debit card. No cash, certified checks, or money orders are accepted.
Can an employer pay for multiple registrations at once?
Yes, batch payments for up to 250 registrations are allowed. However, the daily credit card transaction limit is $99,999.99.
Who can pay the registration fee?
Only the employer or Form G-28 representative can pay the fee. Beneficiaries are not allowed to pay the fee.
2. Registration Selection Process
When will USCIS select H-1B registrants?
The selection process will occur after the registration period closes, by March 31, 2025.
How does USCIS notify attorneys and employers of selection?
Notifications are sent via email or text, and the myUSCIS account will show the status (Selected, Submitted, Not Selected, Denied, or Invalidated).
What happens to registrations not selected in the initial lottery?
They remain in “Submitted” status and may be selected in subsequent rounds if USCIS needs additional registrations to meet the cap.
Will USCIS notify employers if a beneficiary has multiple registrations?
No, all employers will be notified of selection, but the notice won’t indicate multiple registrations.
Will USCIS provide a notice for beneficiaries who are not selected?
Yes, a “non-selection notice” will be added to the myUSCIS account once USCIS determines that no further selections will be made.
3. H-1B Petition Filing Issues
When can petitioners file petitions for selected registrants?
Selected registrants have a 90-day filing window starting April 1, 2025.
How will selected registrants indicate their selection to USCIS?
The selection notice in the myUSCIS account must be included with the petition. For paper filings, the notice must be submitted to the designated Service Center.
How is the selection indicated on Form I-129?
The beneficiary’s confirmation number and passport details must be provided on the H Classification Supplement.
What if there’s a typographical error in the registration?
Errors may lead to denial, except in limited circumstances like legal name changes or passport renewals.
Can petitioners request premium processing?
Yes, premium processing is available for H-1B cap-subject petitions. The Form I-907 can be filed electronically.
Can pre-paid mailers be used for faster approval notices?
USCIS has not yet announced its policy for FY 2026, but in previous years, pre-paid mailers were not allowed for premium processing cases.
What happens if a selected registration isn’t filed?
USCIS may flag it for fraud review, and employers should document reasons for not filing.
How should a registrant notify USCIS if they don’t intend to file a petition
USCIS advises keeping documentation of the reason for not filing, as there is no formal notification process.
What if there’s a delay in filing past the 90-day window?
USCIS may deny or reject the petition if the timeframe isn’t met.
4. F-1 Student Issues
4. F-1 Student Issues
How does the H-1B cap registration process affect cap-gap protection?
Cap-gap benefits only attach upon filing the H-1B petition, not the registration. F-1 students must have their H-1B petition filed before their OPT expires to qualify for cap-gap.
5. Degree Issues
Does the beneficiary need to have completed their degree at the time of registration?
No, the degree must be obtained by the time of filing the H-1B petition.
Can a registration be changed to the regular cap if the beneficiary hasn’t graduated?
No, if the beneficiary doesn’t have the required degree by the time of filing, the petition will be denied.
6. H-1B FY 2026 Fees
What fees apply to H-1B petitions for FY 2026?
Fees increased as of April 1, 2024. For example, the Form I-129 fee for a petitioner with 26
or more employees will increase from $460 to $780. Additionally, petitioners with 26 or more
employees will need to pay a new $600 Asylum Program Fee. The Form I-129 fee for petitioners
with 25 or fewer employees and non-profits remains unchanged at $460. Small employers will
pay a $300 Asylum Program Fee and non-profits will not pay an Asylum Program Fee. For further
instructions, please review the USCIS FAQ on the Fee Rule
7. Technical Issues
Who can I contact for technical issues during registration?
Call the USCIS Contact Center at 1-800-375-5283 or use the Need Help form on myUSCIS.
Could the registration process be suspended due to technical problems?
USCIS will notify the public and provide guidance if technical issues arise.
PREVIOUS FAQ’S FROM “ASK PALLAVI A QUESTION
Can I apply for H1B and Green Card both at the same time While I am on OPT? I have 3 years of OPT.
Yes, it depends on which country you are from. If India, it will take you a while to gain benefit from the PERM but if any other country of birth, then it is helpful to do both.
I am on H-1B which is valid for a couple more years and I have a pending I-765/I-485 through my husband. It was filed in Mid August, 2021 and is pending. I want to quit my job and take a break for personal reasons. Since the I-765/I-485 is pending, my husband is filing his paperwork for H-1B extension. Do I have to maintain my H-1B i.e. keep working until an H4 is filed for me or can I quit my job now and file H4 later?
In response to your question, My recommendation is to change your status to H4 then take a break from working. All the best.
Is it possible to buy a house in different state than state where I live and work on H-1B?
e.g.- live and work permanently in Michigan and want to buy a house as a property in Texas.
There is no trouble in buying a house. Your question pertains to renting it out after buying it? For that you need a rental management company.
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Disclaimer: This article is for informational purposes only and does not constitute legal advice. For expert guidance, contact Ahluwalia Law Offices, P.C.
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