Introduction
The wait is finally coming to an end-again!
USCIS is expected to begin accepting H-1B registrations subject to the Fiscal Year 2027 H-1B cap in the first few weeks of March 2026.
We’ve put together line-by-line instructions for properly submitting the H-1B cap registrations and preparing and assembling FY2027 H-1B cap petitions. These guidelines should help you avoid costly mistakes and increase the chances of H-1B petition approvals.
H-1B Cap Frequently Asked Questions
What is the $100,000 fee and who must pay it?
Under a Presidential Proclamation issued by President Trump on September 19, 2025, employers must pay an additional $100,000 for any new H-1B petition filed on or after September 21, 2025. USCIS has clarified that the fee is due if the beneficiary is outside the United States and the H-1B petition is filed or approved with a request for consular processing. This fee does not apply to beneficiaries already in the U.S. seeking a change of status, an extension, amendment or a change of employer.
Can multiple employers register the same beneficiary?
Yes, if the employers are genuinely independent with no common ownership, control, or management. However, related entities cannot register the same beneficiary unless there is a legitimate, independent business need. Violation of this rule can result in invalidation of all registrations for that beneficiary for the fiscal year.
What is beneficiary-centric selection?
Under beneficiary-centric selection, USCIS selects registrations at the beneficiary level rather than counting employer entries. Each beneficiary will receive only one entry in the lottery regardless of how many employers file a registration: 1 Beneficiary = 1 Entry. This system reduces the advantage that mass multiple registrations previously provided and improves odds for beneficiaries with single sponsors. If a beneficiary is selected in the lottery, all employers who submitted a registration on his or her behalf will be notified of the selection.
What happens after the registration is selected in the lottery?
The employer will receive a Selection Notice through their myUSCIS account. The notice specifies the USCIS Lockbox where the H-1B petition must be filed if the petition is paper filed and provides a 90-day filing window (typically April 1 through June 30). The employer must submit the Form I-129 with all required supplements, Labor Conditions Application and supporting documentation within this 90-day period.
A. Submitting H-1B Registrations
- The employer must create a myUSCIS account by visiting my.uscis.gov/account. Skip to the next step if you already have an account.
- After the account is created, log into the myUSCIS account. Select the My Account link and click on File a form to view a link for H-1B Registration.
- Enter the Employer and Beneficiary information in the respective fields.
a. Employer information that needs to be provided includes the legal name of the organization, DBA name (if applicable), Employer Identification Number (EIN), primary U.S. office address of the organization and legal name, title, and contact information of the authorized signatory of the organization.
b. Beneficiary information that needs to be provided includes the Beneficiary’s legal name, gender, date of birth, country of birth and country of citizenship, passport number, and a determination if the Beneficiary is eligible for the Master’s Cap.
- Review and submit the form.
- Proceed to complete the H-1B Registration Payment for the registration. A registration fee of $215 must be paid for each H-1B beneficiary registration. Payments can be made from a bank account (checking or savings), a credit card, or debit card. As the registration will be done solely online, the registration fee cannot be submitted using cash, a certified bank check, or money order. The registration system allows for batch payments to pay the fee for multiple registrations at the same time.
- After the payment is complete, the employer will receive confirmation of successful submission of the H-1B Registration on the screen. Each Beneficiary will be assigned a separate confirmation number.
- USCIS will, after completion of the H-1B lottery, notify employers whose registrations are selected in the lottery. The status of the registration can be tracked through the myUSCIS account.
IMPORTANT
USCIS will deny multiple or duplicate registrations filed by an employer for the same H-1B worker and all registrations made the employer relating to that beneficiary for that fiscal year will be considered invalid.
H-1B Cap Process Timeline
STEP 1
Dec – Jan
Identify & Plan
Identify H-1B needs, discuss strategy with immigration lawyer, and finalize applicant list.
STEP 2
Early January
Gather Documents
Collect transcripts and experience letters for foreign credential evaluation.
STEP 3
Early February
Prepare Materials
Determine prevailing wage, develop detailed job descriptions, gather supporting documents.
STEP 4
March
Submit Registration
File H-1B registration with USCIS.
STEP 5
Apr 1 – Jun 15
File LCA & Prepare Petition
File Labor Condition Application with DOL. Prepare H-1B forms and support letter.
STEP 6
Apr 1 – Jun 25
Submit to USCIS
Mail paper petition to USCIS (must arrive by June 30, 2025).
B. Preparing USCIS Forms, LCA And Fee Checks
Once the registration period closes, USCIS will conduct the H-1B lottery and then notify employers which registrations were “selected” in the H-1B Lottery. When preparing the H-1B petitions for the chosen registration employers must make sure:
- To complete all sections of the Form I-129 petition accurately, including the H Classification Supplement and the H-1B Data Collection and Filing Fee Exemption Supplement
- That the requested employment start date is no earlier than October 1, 2026.
Note: Do not request an earlier employment start date or a start date of “As Soon As Possible” or “ASAP” - To use the correct version of Form I-129
- To sign the certified LCA before submitting it with the petition to USCIS
Note: A copy of the signed LCA is acceptable - To include the correct fee amount for each filing fee (Form I-129, Premium Processing, Fraud Fee, ACWIA fee, Asylum Program Fee, Public Law 111-230, and the $100,000 fee, as applicable). USCIS will reject all petitions submitted with the incorrect filing fee
- To include a copy of the Selection Notice
- To file petition online using your myUSCIS account, or with the correct USCIS Lockbox Facility as designated in the Selection Notice
- Attorney’s or Representative’s Cover Letter (if applicable)
- Copy of Selection Notice
- Form G-28 (if represented by a lawyer or accredited representative)
- Form I-907 (if filing for Premium Processing Service)
- Form I-129, Petition for a Nonimmigrant Worker, with addendums/attachments
- H Classification Supplement to Form I-129 (Free Trade Supplement for H-1B1 Chile-Singapore petitions)
- H-1B Data Collection and Filing Fee Exemption Supplement
- Department of Labor certified LCA, Form ETA 9035
- All supporting documentation to establish eligibility (provide a table of contents for supporting documentation) including:
IMPORTANT
H-1B petitions on behalf of registrations selected in the lottery can be filed beginning April 1, 2026. USCIS will provide a Selection Notice for each registration selected in the lottery, which will be made available in the employer’s myUSCIS account. The Selection Notice will designate the Service Center where the petitioner must file the H-1B petition and will list the 90-day filing period within which the H-1B cap petition must be filed. The H-1B petition can also be filed online through the myUSCIS account.
Organizing the H-1B Paper-Filed Package
1. Clearly label all H-1B cap cases, preferably in red ink, on the top margin of Form I-129 or Cover Letter.
2. Place the Form G-1650, Authorization for ACH Transfers/Form G-1450 Authorization for Credit Card Transactions on top of the Form I-129
3. Mailing Multiple Petitions Together
If including multiple petitions in the same package, make sure to:
a. Place each individual petition into a separate envelope within the larger package; and
b. Mark each individual petition envelope with following information:
i. “H-1B Cap Petition”
ii. “Petitioner: name of Petitioner“
iii. “Beneficiary: name of Beneficiary“
H-1B Cap 2026 Petition Filing Checklist
For Employers Filing H-1B Petitions After Lottery Selection
H-1B cap petitions can be filed beginning April 1, 2026. USCIS will provide a Selection Notice in your myUSCIS account designating the Service Center and the 90-day filing period for your H-1B cap petition. Petitions can be filed online through myUSCIS.
No “ASAP” or earlier dates
Copy acceptable
D. Preferred Order of Documents for H-1B Paper-Filed Packages
i. Beneficiary Degrees, Transcripts, Credential Evaluations
ii. Beneficiary’s Arrival-Departure Record -Form I-94 (if the beneficiary is in the United States)
iii. Beneficiary’s Passport
iv. SEVIS Form I-20 (if the beneficiary is a current or former F-1 student or F-2 dependent),
v. SEVIS Form DS-2019 (if the beneficiary is a current or former J-1 Exchange Visitor or J-2 dependent)
vi. Form I-566 (if the beneficiary is a current A or G nonimmigrant)
vii. Form I-797A/B Approval Notice and/or nonimmigrant visa if Beneficiary is in the U.S. in valid nonimmigrant status
viii. Employer’s Support Letter
ix. Employer documents
H-1B Paper Filing Package Order
Preferred document arrangement for submission
Optional
Conclusion
USCIS will conduct a lottery of all qualifying H-1B registrations submitted during the official H-1B Cap Registration period in March 2026 using a random selection process (H-1B Lottery) to select the number of registrations required which is expected to reach the numerical limit.
It is the responsibility of the employer to ensure that the H-1B registrations are timely submitted in order to stand a chance of being considered for the H-1B lottery. Completing Form I-129 accurately and submitting strong H-1B petitions is equally important to ensure successful adjudication of petitions filed for selected H-1B registrations.
If you have questions at any point while submitting the H-1B registrations or when preparing and filing your 2026 H-1B Cap cases, please call us at 202-787-1944. Our experienced immigration lawyers will be happy to assist you.
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