Employers with candidates who require initial H-1B visa employment authorization must submit registration for those candidates when the H-1B electronic registration period opens. USCIS changes the registration window each year. The electronic registration period generally occurs in March. During this period, employers may submit registrations for any employees they wish to sponsor.
The registration must be submitted by the employer, not the candidate. The employer must provide the candidate’s name, gender, date of birth, country of birth, country of citizenship, passport number, and confirm whether the candidate has a master’s degree or higher from an eligible U.S. institution. The employer’s authorized signatory must certify that the information provided in the registration is accurate and complete.
At the end of March, USCIS will conduct a random selection process from all properly submitted registrations. USCIS will then notify employers of the selections by e-mail. Employer online accounts will be updated with the selection notice for each candidate selected. The employer must file the H-1B cap-subject petition on behalf of the candidate named in the notice within the filing window.
In 2024, USCIS implemented provisions from the H-1B Registration Final Rule. The Final Rule was meant to improve the H-1B selection process and the integrity of the program. This rule made several changes to the existing H-1B registration and selection process, including but not limited to:
- Passport or Travel Document Requirement: Each registration must contain a valid passport or travel document. If the candidate has multiple passports from different countries, the company must register the candidate under one passport and must use that same passport to travel to the USA after applying for an H-1B visa abroad. If the registration is selected, the employer must provide a copy of the same passport that was used in the registration.
- Program Integrity: USCIS may deny or revoke H-1B petitions based on false or invalid attestations made by the employer in the registration or if the fee submitted with the registration is declined or invalid.
- Beneficiary-Centric Selection Process: Multiple employers may submit a registration on behalf of the same candidate. USCIS will conduct the random selection based on the candidate rather than the registration. If a candidate is selected, all employers who submitted a registration on behalf of that candidate will be notified, and all employers will be eligible to file a petition on that candidate’s behalf during the filing window. USCIS will adjudicate all properly filed H-1B petitions. If more than one H-1B cap petition is filed and approved on behalf of the candidate, the candidate must choose the employer for which to begin employment.
- Employer Online Accounts: Employers may use online accounts to submit registrations. The accounts must be H-1B registrant accounts. They may link their accounts to their attorney’s online account. Employers may also use the new organizational account to link their own internal team members and review all filings.
- H-1B Registration Fee: USCIS has increased the H-1B registration fee per candidate. The new fee will be $215.
For assistance with your H-1B Registration, please contact our H-1B Registration- H-1B Cap Visa Attorney today!