Useful Links
U.S. Citizenship and Immigration Services (USCIS) Website
Social Media
Statistics
Annual Caps for H-1B for Fiscal Years: 85,000 visas
- 65,000 visas
- 20,000 visas for the master’s cap*
The master’s cap – individuals with advanced degrees from U.S. institutions.
Topics
H-1B Electronic Registration: Step-by-Step
A complete guide to the 8 steps in the H-1B electronic registration process.
The H-1B process unfolds in a sequence of eight key steps, starting with creating USCIS online accounts and ending with the beneficiary’s first day of H-1B employment. Only beneficiaries marked “Selected” in the USCIS lottery continue to the full petition stage (Step 5), which is where the real petition preparation begins.
Think of the entire process as a two-act play: the first act determines who may file, and the second act determines who is ultimately approved to begin H-1B employment in the United States.
Step 1 - Create USCIS Online Accounts
Who is involved: Employer + Attorney / Legal Representative
- Employer sets up an H-1B Organizational Account (this enables them to review, approve, and sign H-1B registrations).
- Attorney uses their Legal Representative Account to prepare and manage filings on behalf of the employer.
- Both accounts connect via the electronic Form G-28, which authorizes the attorney to represent the employer before USCIS.
- Once linked, both parties collaborate digitally on each registration from their respective dashboards.
🟠 Why it matters:
Without properly linked accounts, no H-1B registration can be submitted, and the employer cannot approve submissions prepared by their attorney.
Step 2 - Add Beneficiary Information
Employer or Attorney enters required details about each prospective H-1B employee (“beneficiary”):
- Full legal name (exact match to passport)
- Gender
- Date of birth
- Passport number & country of issuance
- Country of birth
- Country of citizenship
- Eligibility for the Advanced Degree Exemption (if holding a qualifying U.S. master’s degree or higher)
📌 Critical note:
Duplicate registrations for the same beneficiary by the same employer are prohibited. USCIS will deny or invalidate all associated registrations if duplicates are detected.
Step 3 - Submit H-1B Registration
After beneficiary information is entered:
- Attorney prepares each registration in the system.
- Employer logs in to review, certify, and electronically sign.
- The registration fee is paid through Pay.gov (currently $10 per beneficiary, increasing to $215 starting in 2025).
- A registration is considered valid only once payment is successfully processed.
- USCIS issues a unique beneficiary confirmation number, which is used to check lottery results.
✅ Pro tip:
Employers may have dozens or hundreds of beneficiaries. The system allows batch creation, but each registration is individually validated by payment.
Step 4 - USCIS Lottery & Selection
After the registration window closes:
– USCIS conducts a randomized computer-generated lottery, selecting enough beneficiaries to meet the annual H-1B cap and advanced degree exemption.
– Results are posted only in the USCIS online accounts of the employer and attorney.
– No physical notices are mailed.
Possible USCIS selection statuses:
- Selected - Eligible to file a full H-1B cap petition.
- Submitted - Not selected yet; may remain in this status until the fiscal year ends.
- Not Selected - Final outcome once USCIS closes all selection rounds.
- Denied - Usually due to duplicate registration.
- Invalidated - Failed Payment - Fee payment did not complete successfully.
🟢 Why this matters:
Only beneficiaries marked Selected may proceed to Step 5.
Step 5 - File the H-1B Petition (Form I-129)
For each selected beneficiary, the employer files the full H-1B cap petition within the USCIS-specified filing window (typically 90 days):
The petition includes:
- Form I-129 and H-1B supplements.
- A certified Labor Condition Application (LCA) from the Department of Labor.
- Evidence the job qualifies as a specialty occupation.
- Evidence the beneficiary has the required education (degree, transcripts, evaluations).
- Company information and support letters.
- Correct employment start date (October 1 or later).
- All mandatory USCIS filing fees, such as: Base filing fee, ACWIA training fee, Fraud prevention and detection fee, Optional Premium Processing fee (for faster service).
🗂️ Legal reminder:
The data in the petition must match the original registration; USCIS may deny petitions that introduce inconsistencies.
Step 6 - USCIS Review & Case Processing
Once filed, USCIS evaluates the petition:
Possible outcomes:
- Approval - The beneficiary obtains H-1B status or is eligible for consular processing.
- RFE (Request for Evidence) - USCIS needs more information; the employer/attorney must respond by a deadline.
- Denial - Petition does not meet requirements.
- Premium Processing Option: guarantees 15-calendar-day processing for an additional fee.
Factors USCIS evaluates:
- Specialty occupation requirements.
- Consistency of job duties, wage levels, and LCA data.
- Beneficiary’s qualifications.
- Employer’s ability to pay.
Step 7 - Consular Processing or Change of Status
After approval, the next steps depend on the beneficiary’s location and current immigration status:
Change of Status (COS)
– Applies when the beneficiary is already in the U.S. in valid status.
– No consulate visit needed.
– Status automatically changes to H-1B on October 1.
Consular Processing (CP)
– Required when the beneficiary is outside the U.S. or prefers a visa stamp.
– Beneficiary attends a visa interview at a U.S. Embassy / Consulate.
– After visa issuance, they enter the U.S. in H-1B status to begin work.
🟠 Key distinction:
Approval alone does not grant entry - visa stamping is required under CP.
Step 8 - H-1B Employment Begins
The earliest permissible start date is October 1 of the fiscal year for which the registration was submitted.
Employment may begin only when:
- The beneficiary is physically in the U.S. in H-1B status, or
- They have entered the U.S. with an H-1B visa after consular processing.
Employer obligations include:
- Maintaining a valid Public Access File (PAF).
- Following LCA - attested working conditions.
- Updating USCIS/DOL about material job changes (if required).
- Paying the required wage.
Notes
- H-1B Annual Cap Period: Runs from October 1 to September 30 of the following year.
- Initial Registration Period: Typically a minimum of 14 calendar days each fiscal year, usually in March. Exact dates are announced by USCIS each year.
- Filing Deadline: Check the specific dates announced by USCIS each year.
- Way to Apply: Online
- Premium Processing Service: Available for expedited processing of an H-1B petition to 15 calendar days and costs $2,805 as of now. Always check the USCIS website for the most current fee.
- USCIS Organizational Accounts: Launched on February 28, 2024, these accounts allow multiple people within a company and their legal representatives to collaborate and prepare H-1B registrations, online H-1B petitions, and associated online requests for premium processing.