The registration for the H-1B Cap season FY 2026 is all set to begin on March 7, 2025, ET, and close on March 24, 2025, ET. USCIS has introduced new rules to enhance transparency and optimize the workflow of the overall H-1B registration. Even with the lottery-based approach, it’s not about luck but rather a well-planned strategy.  

On a scale of 1 to 10, how prepared are you for H-1B registration? If you're not confident, this FY 2026 H-1B checklist provides a comprehensive guide to documentation and filing.
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Understanding the H-1B Visa

The H-1B visa allows U.S. employers to hire highly skilled foreign workers in specialty occupations such as technology and healthcare. This visa authorizes these workers to live and work in the U.S. initially for 3 years. However, this period can be extended for an additional 3 years.

Every year in March, USCIS accepts applications for the H-1B visa via a lottery-based selection process. Due to the annual numerical limit (currently 65,000 regular visas and an additional 20,000 for applicants with a U.S. advanced degree), the nature of this process is highly competitive.  

H-1B Visa FY 2026: Important Details

USCIS has introduced some new guidelines and refined the existing ones to ensure a fair registration process for all applicants.

Important details and updates include:  

1. Online registration: Begins on March 7, 2025, ET and ends on March 24, 2025, ET  

2. Registration fees: $215 per beneficiary  

3. Account changes for FY 2026:  

• Paralegal flexibility: Paralegals will now be allowed to work with multiple legal representatives, helping them smoothly prepare for H-1B registrations, Form I-129, H-1B petitions, and Form I-907.  

• Enhanced legal workflow: Legal representatives can easily add paralegals to manage clients’ accounts.  

• Advanced completion of Form I-129: Employers can now use spreadsheets to upload beneficiary details.

• Automated upload: To save time and avoid manual errors, USCIS will pre-fill certain fields in Form I-129 using information from the selected H-1B registration.

H-1B Visa FY 2026: A Step-by-Step Checklist for Employers

STEP 1: Prepare in advance (before March 7, 2025)

1. Assess job role and employee eligibility: To file a successful petition, employers must make sure that the beneficiary’s qualifications clearly align with the job role.  

For example, if filing a petition for a software engineer, make sure the beneficiary at least has a bachelor’s degree in computer science.

2. Create a USCIS online account: The H-1B registration will be completely online, and employers are required to create an online account on the USCIS website before submitting applications.  

        Note: To create an online account, visit my.uscis.gov.

3. Collect employer & employee details: H-1B rejections often stem from incomplete or inaccurate documentation; thus, making thorough employer preparation essential.

         Employer documents include:  

• Company name and EIN (Employer Identification Number)

• Business address and work locations

• Authorized signatory details (Name, title, contact information

        Employee documents include:  

• Basic details: Full name, DOB, country of citizenship

• Passport number

4. Plan for multiple registrations: If planning to apply for multiple beneficiaries, employers must collect all important documents in advance and arrange the required funds in their bank account to avoid unnecessary hassle.  

STEP 2: Register for the H-1B Lottery (March 7-24, 2025)

1. Submit H-1B registration: To submit an H-1B visa petition, employers must log into their USCIS online account and fill in all the required details. Preview the entire form once or twice to avoid common mistakes and errors.  

2. Wait for the results: The selection process will take place from March 25, 2025, to March 30, 2025, and USCIS will notify the selected candidates and representatives by 31^st March 2025 via their online account.  

3. Consider alternatives (if rejected): In case of petition denial, employers can explore other visa options, such as:

• O-1 visa: For individuals with extraordinary ability in sciences, arts, education, business, or TV/film.

• L-1 visa: For intra-company transfers.

• TN visa: For Canadian and Mexican professionals working in specific USMCA occupations.

• E-visa: For entrepreneurs expanding businesses in the U.S.

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STEP 3: File the H-1B Petition (Only for selected candidates)

  Once an applicant’s petition is selected in the H-1B lottery, the employer must prepare for the next steps, which involve:  

1. Obtaining LCA approval: H-1B petitions require prior Labor Condition Application (LCA) approval from the U.S. Department of Labor (DOL) to comply with USCIS guidelines.  

Note: Employers can file an LCA through the DOL’s FLAG system and wait for certification, which takes 7 days.  

2. Gathering important documents: Proper documentation is the foundation of a productive petition, that is why employers need to collect all essential documents in advance.

 Employer documents include:  

• Certified LCA from the DOL

• Business registration and tax details  

• Company’s financial documents  

• Job offer letter, detailed job duties, wage details, and employment terms

Employee documents include:

• Valid passport (validity must extend at least 6 months)  

• Applicant’s qualifications (degree, transcripts, and educational evaluation if degree is not from the U.S.)

• Work experience documents

• Immigration history, current U.S. visa, I-94 record, and past H-1B approvals or rejections.  

3. Completing and filing form I-129: Form I-129, also known as the “Petition for Non-immigrant Worker,” is a form filed by U.S employers with USCIS to request approval for hiring foreign workers.

4. Paying fees: Employers must pay the fees for the H-1B petition before mailing the documents to the USCIS.  Here is the detailed fee structure:  
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     5. Mailing the petition to USCIS: Employers mail Form I-129 and supporting documents to the designated USCIS center.  

        Note: To find your designated service center, check the USCIS direct filing addresses page

6. Assisting USCIS: USCIS may issue a Request for Evidence (RFE) or require the employers to submit other additional documentation within the deadline.

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Step 4: Post-Approval and Compliance

To comply with the USCIS guidelines, employers must adhere to certain rules designed to ensure a transparent working environment for H-1B employees.  

1. Notify the employee: Employers must inform employees of H-1B approval and provide a certified LCA copy. This helps employees understand important details related to their job, such as employment conditions, work location, and wages.  

2. Secure Documentation: To comply with the USCIS guidelines and avoid severe legal and financial penalties, employers must maintain compliance records (LCA, Public Access Files, petition, payroll, etc.).  

3. Ensure Compliance at the worksite: Employers must adhere to worksite guidelines and prepare for potential audits. The Fraud Detection and National Security (FDNS) may conduct random on-site inspections to make sure the employer is complying with the USCIS guidelines.  

Read this article to know how employers can prepare for FDNS site visits

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Form I-9 Compliance Updates

To maintain compliance with the USCIS guidelines, employers must use the correct Form I-9 version for employment verification.  

Here’s what you need to know:  

• USCIS has confirmed that the current Form I-9(08/01/23) version will remain valid until July 31, 2026.

• After July 31, 2026, only the new version with the 05/31/2027 expiration date will be accepted.

• On August 2, 2024, USCIS released the updated version of Form I-9 which has an expiration date of 05/31/2027. Employers can continue using the current version until July 31, 2026, or switch to the new version.
• To ensure a smooth transition to the 05/31/2027 version, employers must update their electronic Form I-9 systems by July 31, 2026.

Note: For more details, refer to this official update shared by USCIS.

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Summing Up

The registration for the H-1B cap season FY 2026 will open on March 7, 2025, ET and close on March 25, 2025, ET. To file an organized petition, employers must prepare in advance by following a structured process. They should also avoid errors and ensure timely Form I-129 filing. USCIS will notify the selected candidates by March 31, 2025, via their online accounts.
 

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