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 $2,965 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.
Disclaimer: This article is for general informational purposes only and is not legal, tax, HR, or business advice. H-1B sponsorship, wage, LCA, public access file, fee, worksite, amendment, and compliance obligations depend on the employer’s facts and current agency rules. Employers should verify the latest USCIS and Department of Labor guidance and consult a qualified immigration attorney before filing or taking compliance action.