The details for the upcoming FY 2026 H-1B registration process are now available.
Registration Timeline & Process
- The initial registration window opens March 7, 2025, at noon Eastern and closes March 24, 2025, at noon Eastern. All registrations must be submitted through the USCIS online portal during this period.
- The new registration fee is $215 per beneficiary, and payment must be submitted at the time of registration.
Selection Process
- USCIS will continue using the beneficiary-centric selection process, meaning selections are based on unique beneficiaries rather than individual registrations.
- Selection notifications will be sent through USCIS online accounts by March 31, 2025.
Account Requirements
- First-time H-1B employers must create a new USCIS organizational account before registration begins.
- Previous registrants (FY 2021-2024) will have their existing accounts automatically converted to organizational accounts upon their next login.
Toward the end of the Biden Administration, the Department of Homeland Security (DHS) announced significant changes to the H-1B visa program, effective January 17, 2025. This comprehensive modernization aims to streamline the approval process while strengthening program oversight and integrity.
Most notably, it codifies the “prior deference” policy, which provides greater stability for H-1B employers and workers by requiring USCIS to defer to previously approved petitions unless there are material changes or errors. This change offers protection against potential policy shifts that could otherwise disrupt visa continuity.
However, the rule also refined the specialty occupation criteria by requiring a bachelor’s degree or higher in a “directly related specialty” field, with the key qualification being a logical connection between the degree and job duties. This flexibility could prove particularly important for emerging fields like artificial intelligence, though the practical implementation remains to be seen. It has been this office’s experience that the occupation and the education should have a reasonable connection to each other. The direct relationship requirement may subject petitions to closer scrutiny. Even though a prior approval requires deference, this policy shift may subject employers to additional Requests for Evidence. Further, with the reinstatement of the extreme vetting policies under President Trump’s Administration, this office is preparing for increased scrutiny.
Important to H-1B employers, is the modernization rule expands USCIS’s oversight capabilities, including the authority to conduct unannounced worksite visits and impose penalties for non-compliance.
While the modernization offers more predictable outcomes for extensions and broader qualification criteria, it also demands careful attention to documentation requirements and preparation for potentially increased oversight.
