The H-1B visa lottery is an essential step for U.S. employers seeking to sponsor foreign professionals for specialty occupations. As we approach the fiscal year 2026 (FY26) H-1B CAP registration period, it is crucial for employers and beneficiaries to understand the rules and potential pitfalls associated with the process. Below is a summary of key points regarding the registration system, eligibility requirements, and common issues faced during the H-1B lottery.

Electronic Registration Process:

The H-1B registration for FY26 will open on March 7, 2025, and close on March 24, 2025. During this period, employers must electronically register each prospective beneficiary and pay a $215 registration fee per applicant. If more registrations are submitted than available slots, USCIS will conduct a lottery to randomly select registrations. Selected employers will then have a 90-day filing window to submit an H-1B petition on behalf of the beneficiary.

Key Considerations and Common Issues:

1. Single-Name Beneficiaries: If a beneficiary has only one name, it should be entered as the last name in the system. The first and middle name fields should be marked as “Beneficiary does not have a first name” or “Beneficiary does not have a middle name.”
2. Duplicate Registrations and Appeals: Employers cannot submit multiple registrations for the same beneficiary. If a duplicate is detected, the registration will be invalidated, and there is no appeal process. However, different companies can submit separate registrations for the same individual, provided there are genuine, independent job offers.
3. Master's CAP Eligibility: If an employer registers a beneficiary under the advanced degree exemption (Master's CAP), the beneficiary must have obtained their qualifying degree before filing the Form I-129 petition. If they fail to do so, the petition will be denied or rejected.
4. Employer Address Changes: If an employer moves to a new location after registration but before filing the H-1B petition, USCIS will not reject the petition solely due to the address discrepancy. However, employers should submit an explanation and supporting documentation to confirm the continuity of the business.
5. Start Date Requirement: For registrations submitted during the initial March registration period, the petition must indicate a start date of October 1, 2025. If a different start date is entered, USCIS may reject or deny the petition.
6. Typographical Errors in Registration: USCIS does not automatically reject petitions due to minor typos in the registration. However, it is the employer's responsibility to ensure that all details match between the registration and the petition..
7. Multiple Employers and Related Entities: While different companies may register the same beneficiary, related entities must demonstrate that they have separate job opportunities. USCIS may invalidate registrations submitted by affiliated entities attempting to circumvent the single-entry rule.
8. Legal Representation and G-28 Process: If an employer's attorney submits the registration, the employer must still approve the submission via their USCIS account. If the attorney-client relationship ends, the employer retains access to the registration but cannot add a new attorney to that specific registration.
9. Payment Issues: If an H-1B registration payment fails or is disputed, the registration will be canceled. Employers can attempt to resubmit the payment before the registration window closes. However, once the registration period ends, no new submissions will be accepted.
10. CAP-Gap Extension for F-1 Students: F-1 students whose Optional Practical Training (OPT) or STEM OPT expires before October 1 may qualify for cap-gap work authorization, provided the H-1B petition is filed before their OPT expires and approved by October 1.

New Integrity Measures for FY26:

Starting with the FY25 lottery, USCIS implemented a beneficiary-centric selection process, meaning that each individual is considered only once in the lottery, even if multiple employers submit registrations on their behalf. This change aims to prevent fraud and ensure a fair selection process.

Additionally, valid passport or travel document information is now required for each beneficiary. The passport used in the registration must be the same as the one the beneficiary will use to enter the U.S. if issued an H-1B visa.

Next Steps for Employers:

• Prepare registration details in advance, ensuring accuracy in beneficiary and employer information.
• Confirm that beneficiaries meet degree requirements before filing petitions under the Master's CAP.
• Monitor communications from USCIS to avoid missing deadlines or critical updates.
• Maintain documentation in case an H-1B petition is not filed after selection to justify non-filing if questioned.

Conclusion:

The H-1B visa lottery is highly competitive, and USCIS has introduced new measures to prevent fraud and ensure fairness in the selection process. Employers and foreign workers should carefully follow registration guidelines, avoid duplicate submissions, and prepare supporting documents in case of selection. By understanding these rules and common pitfalls, applicants can improve their chances of successfully obtaining an H-1B visa.