The U.S. Citizenship and Immigration Services (USCIS) has announced significant updates to the H-1B cap registration process, including a noteworthy increase in the registration fee and a shift to a beneficiary-centric lottery selection system. As of early January 2025, here are the changes that you should prepare for affecting the FY 2026 H-1B visa lottery

Key Update: Registration Fee Increased to $215

One of the most impactful changes for the upcoming fiscal year is the increase in the H-1B registration fee from $10 to $215 per beneficiary. This fee hike is designed to deter fraudulent and duplicate registrations. While this change represents a significant cost increase, it will most likely result in fewer applications being submitted and a higher chance of selection per beneficiary. Employers are required to cover all mandatory fees associated with the H-1B petition process, including the registration fee, base filing fee, and anti-fraud fee. Passing these costs onto the employee is generally prohibited, as it could effectively reduce the employee's wages below the required prevailing wage level. 

Beneficiary-Centric Lottery Selection Process – One Entry Per Person

Another critical update is the introduction of a beneficiary-centric lottery selection system. Under this approach:

• Each beneficiary will have only one lottery entry, regardless of the number of valid H-1B registrations submitted by different employers on their behalf.
• If a beneficiary is selected, all employers who submitted a registration for that individual will be notified and can proceed with filing an H-1B petition.

This change eliminates any advantage gained from submitting multiple registrations for the same candidate, ensuring that each beneficiary has an equal chance of selection. USCIS expects this adjustment to decrease the total number of lottery registrations by over 70,000, enhancing the overall efficiency of the process.

What Does This Mean for Employers and Beneficiaries?

• Employers: While multiple registrations by related entities are not explicitly prohibited, USCIS strongly advises against this practice unless there are legitimate reasons, such as multiple job offers. Employers must continue to certify that their registrations reflect genuine job offers.
• Beneficiaries: Ensuring that all personal information, particularly passport details, is accurate and consistent across registrations is crucial. Errors or discrepancies may lead to rejection or revocation of the registration.

Practical Steps to Prepare for the H-1B Cap Season

1. Plan for the Increased Fee: Budget for the $215 registration fee per beneficiary and assess the number of candidates you intend to sponsor.
2. Verify Beneficiary Information: Ensure all identifying details, including and most importantly passport information, are accurate and up-to-date.
3. Understand the Registration Timeline: The registration window is expected to open in early March 2025 and remain open for two to three weeks.
4. Evaluate Job Offers: Focus on submitting registrations for candidates with genuine job offers to comply with USCIS requirements.

By preparing early stakeholders can navigate these changes effectively and maximize their chances of success in the H-1B lottery.

For assistance with your H-1B filings or to learn more about these changes, contact our office today.