USCIS has announced that the registration period for the H-1B cap season FY 2026 will begin on March 7, 2025, ET and close on March 24, 2025, ET. With limited slots, strict eligibility criteria, and a lottery-based selection process, businesses should plan strategically and prepare early to maximize their chances of success.  

This blog provides a step-by-step guide on choosing the top candidates and meeting regulatory requirements besides suggesting best practices for employers to strengthen their application.  

H-1B Visa Program: An Overview

Several U.S. employers hire highly skilled foreign workers temporarily to work in specialized fields such as technology and healthcare by filing for an H-1B visa petition. This provides these workers with the authority to live and work in the US for 3 years, with the possibility of a 3-year extension.

Every year, in March, USCIS accepts applications for the H-1B visa via a lottery-based selection process. Due to the annual numerical limit (currently 65,000 regular visas and an additional 20,000 for applicants with a U.S. advanced degree), the nature of this process is highly competitive.  

H-1B cap season FY 2026: Important Information  

Online Registration: Begins on March 7, 2025, ET, and closes on March 24, 2025, ET.

Registration Fees: $215 per beneficiary

Changes to Payment: To enhance process efficiency, the daily credit card transaction limit has been increased to $99,999.99 and payments exceeding this value will be processed via ACH (Automated Clearing House)

Note: For more details such as important deadlines, updates, and changes made to the registration process, refer to this article.  

Understanding the Challenges of the H-1B Process

While the H-1B visa helps employers bridge the skill gap and boosts productivity, enhancing the economic condition of the country, it is usually a complicated process as employers need to address crucial issues such as the regulatory landscape, compliance with immigration laws, and managing sensitive documentation.  

Here are some common hurdles faced by employers:

• ‍Limited Availability: The annual H-1B Cap has a fixed number of slots available, which creates a state of uncertainty for employers as the demand always exceeds the supply and most candidates are not selected. Due to the highly competitive nature of this process, employers need to select candidates who are more likely to get selected.

• Regulatory Challenges: Even minor errors can significantly weaken an application and lead to rejection, emphasizing the need for meticulous preparation and attention to detail, which can sometimes feel staggering.

• Time Sensitivity: The H-1B visa petition is highly time-sensitive due to the strict government guidelines. Employers must submit an accurate petition with all necessary documents within the given time frame. This often creates chaos and increases the chances of petition denial.

• Decision Paralysis: Employers are required to select the best candidates when filing for an H-1B visa petition and although the selection criteria are the same for all employees, it often gets confusing for employers, leading to a state of decision fatigue.

How to Select the Right H-1B Candidates?  

Selecting the right H-1B candidates confirms compliance with the regulatory standards, helps businesses grow, and maintains the program’s integrity. By adhering to certain rules, employers can make sure they select the best talent.  

Some key strategies include:  

• ‍Define the Ideal Candidate: Employers must look beyond the traditional labeling of “perfect employees” and create a candidate profile that aligns with the organization’s culture, the business’s long-term vision, and the company’s requirements. Apart from technical and other required skills, various aspects such as adaptability, communication skills, and long-term potential should be considered.  

• ‍Prioritize Candidates with Specialized Degrees: Candidates who have degrees directly related to the job role or have a specialized Master’s degree from the United States are always given preference over other candidates. This reduces Requests for Evidence(RFEs) and maximizes the chances of your petition getting selected.    

• ‍Ensure the Job Qualifies for Specialty Occupation: The H-1B visa is designed to hire candidates who have expertise in their respective fields such as a computer science engineer or a medical professional. To ensure legal compliance and reduce the chances of petition denials, employers must make sure the candidates they are planning to select are highly qualified and have a Bachelor’s degree in their specific fields.    

• ‍Check Visa and Immigration History: A complicated candidate profile can increase the chances of your petition getting rejected as it shows non-compliance on the candidate’s part. To avoid this, employers must evaluate the candidate’s visa and immigration history as it will allow them to look for past issues such as past denials or overstays, helping them make a sound decision.  

• ‍Consult With an Immigration Attorney: An experienced immigration attorney can help you select the right candidates by evaluating their profile in-depth and strengthening your H-1B visa petition with their expertise. They make sure your petition complies with the legal requirements, eliminating the chances of serious legal and financial consequences.  

Best Practices for Filing a Strong Petition

Once employers have finalized the candidates for the H-1B visa petition, here are some crucial steps they can follow to improve the overall strength of their application:  

• ‍Prepare and File Early: To avoid common errors and last-minute delays, employers must collect all essential documentation in advance such as company details, LCA, employee documents, employer documents, and additional supporting documents.

• Draft a Detailed Job Description: Craft a well-structured job description that clearly outlines the job role and responsibilities that come with it. Avoid using complex/generic terms that might create confusion such as “Consultant” or “Analyst”. Instead use direct terms such as “Software Engineer” or “Cardiologist”.

• ‍Verify Prevailing Wage: Remember to file a Labor Condition Application (LCA) with the Department of Labor (DOL) before submitting the H-1B petition. Ensure that the wage being offered to the foreign worker meets or exceeds the prevailing wage level.    

Conclusion

USCIS has announced the registration period for the H-1B cap season for FY 2026 and it will begin on March 7, 2025, ET and close on March 24, 2025, ET. To increase the chances of H-1B petition approval, it is vital to select the right kind of employees who will add value to your company.  
Employers must follow a clear set of strategies such as prioritizing candidates with specialized degrees, ensuring the job qualifies for a specialty occupation, checking their visa and immigration history and consulting with an immigration attorney.  

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