As the H-1B lottery registration opens today, it is crucial for employers and applicants to follow proper procedures to avoid disqualifications, Requests for Evidence (RFEs), or fraud allegations. Here's a guide on what to do and what not to do when registering for the FY 2026 H-1B CAP lottery.

Do's in H-1B Registration:

1. Submit Registration on Time

• The H-1B registration period for FY 2026 opens at noon Eastern on March 7, 2025, and runs through noon Eastern on March 24, 2025. Ensure you register within this timeframe to avoid disqualification.

2. Register Through a Legitimate Employer:

• Only a U.S.based employer with a Federal Employer Identification Number (FEIN) can submit an H-1B registration. The employer must have a valid job offer in a specialty occupation for the beneficiary.

3. Provide Accurate Information:

Double-check details such as:

• Beneficiary's full legal name
• Passport information
• Date of birth
• Employer's business details
• Job title and specialty occupation

Any inconsistencies or errors can lead to rejection.

4. Prepare Supporting Documentation Early:

• If selected, file the H-1B petition (Form I-129) within the specified timeframe. Gather documents like job offer letters, employer tax records, organizational charts, and proof of specialty occupation.

5. Register Each Beneficiary Only Once Per Employer:

• Each employer can register a beneficiary only once. Duplicate registrations by the same employer for the same worker will result in automatic disqualification.

6. Maintain Compliance with FDNS and USCIS Scrutiny:

Employers should prepare for site visits and work location verifications, ensuring that:

• The job exists and meets specialty occupation requirements.
• The offered wage matches the prevailing wage for the role.
• The employer-employee relationship is valid.

7. Consider Alternative Visa Options:

If not selected in the H-1B lottery, consider options such as:

• O-1 visa (individuals with extraordinary ability)
• L-1 visa (intra-company transferees)
• F-1 STEM OPT extension (if eligible)

Don'ts in H-1B Registration:

1. Don't Register Without a Genuine Job Offer:

• USCIS is vigilant about fraudulent registrations. Employers must have a real job opening that meets H-1B specialty occupation criteria.

2. Don't Work with Fake or Shell Companies:

• Registering through fake companies, staffing agencies with no real projects, or non-existent employers can lead to denials, blacklisting, and potential fraud investigations.

3. Don't Submit Multiple Registrations Through Different Companies to Increase Chances:

• While different employers can file separate H-1B registrations for the same beneficiary, they must demonstrate a legitimate need. USCIS will deny petitions filed by related entities trying to manipulate the lottery system.

4. Don't Forget to Pay the Correct Fees:

• For the FY 2026 CAP season, the H-1B registration fee has increased to $215 per beneficiary, up from the previous $10 fee. Ensure that the correct fee is paid to avoid processing delays or disqualification.

5. Don't Miss the H-1B Filing Deadline After Selection:

•  If selected, the H-1B petition must be filed within the USCIS deadline. Missing it will result in losing the chance for approval.

6. Don't Violate Work Authorization Rules:

• Beneficiaries cannot start working until their H-1B is approved and effective (typically October 1st or later). F-1 students on STEM OPT should maintain their status properly to avoid issues.

7. Don't Ignore FDNS Audits and Site Visits:

• Expect increased USCIS scrutiny on work locations, job roles, and employer legitimacy. Employers must prepare for unannounced visits.

With H-1B registrations opening today, it's crucial to follow USCIS guidelines, ensure compliance, and avoid fraudulent practices. Employers must register properly, prepare for FDNS scrutiny, and submit strong petitions if selected. By doing so, they can maximize their chances of approval and avoid unnecessary risks.