The H-1B visa program is a well-established method for U.S. employers to hire foreign workers with specialized skills and knowledge. Specifically, it applies to occupations that require a bachelor's degree or higher in a specific specialty.
The U.S. Citizenship and Immigration Services (USCIS) implemented the H-1B electronic registration system to streamline and improve the application process. This online system fundamentally changed how H-1B visas are initially processed.
Understanding the H-1B electronic registration process is essential for both employers and potential employees. This blog post will provide a comprehensive overview of the process, address frequently asked questions, and offer valuable tips to increase your chances of a successful application.
What is the H-1B Electronic Registration Process?
The H-1B electronic registration process is an online system established by USCIS to streamline the initial stage of the H-1B visa application process. This system replaced the prior initial filing process, which required employers to submit full H-1B petitions for all beneficiaries before selection. Under the current system, employers first complete an electronic registration, and only those selected are eligible to file a full H-1B petition.
Why a Lottery System?
The H-1B visa program has a congressionally mandated cap on the annual number of visas issued. This cap applies to the total number of new H-1B approvals issued each fiscal year, rather than to the number of registrations submitted.s. Due to the high demand for H-1B visas, the number of applications typically far exceeds the available visas.
- Regular Cap: 65,000 visas are available under the regular cap.
- Master's Cap: An additional 20,000 H-1B numbers are reserved for beneficiaries who have earned a U.S. master’s degree or higher. Registrations eligible for the master’s cap are first selected in a separate lottery and, if not selected, are then included in the regular cap lottery.
To ensure a fair and efficient way to allocate these visas, USCIS implemented a lottery system. Here's how the H-1B electronic registration process works:
- Employers Register Electronically: U.S. employers electronically register their intent to file an H-1B visa petition for eligible foreign workers during a designated registration window.
- Employer Attestations and Limits:
- Employers must attest to the accuracy of the information submitted and their intention to file a petition if selected.
- Employers may submit registrations for as many beneficiaries as they have bona fide job offers for; however, each beneficiary may be registered only once per fiscal year. Duplicate registrations for the same beneficiary by the same employer will result in all registrations for that beneficiary being invalidated.
- Employers cannot submit multiple registrations for the same foreign worker to avoid rejections.
- Selection Process: After the registration window closes, USCIS conducts a random selection process (lottery) to choose petitions for further processing.
- Notification of Selection: USCIS then notifies selected employers to proceed with filing the H-1B visa petition for the registered beneficiaries.
This electronic registration system helps ensure a more efficient and manageable process for USCIS and employers.
Also read: Sponsoring Own H-1B Visa for Entrepreneurs
Steps in the H1B Electronic Registration Process
The H-1B electronic registration process involves several key steps that employers must follow carefully.
- Create an Organizational Account:
- Employers must first create an account in the USCIS online system.
- This account will be used to register for the H-1B lottery and manage the registration process.
- Register Online During the Designated Registration Window:
- During the specified registration period, employers can submit electronic registrations for each foreign worker they intend to sponsor.
- The registration window is set annually by USCIS and typically opens in March for a minimum of 14 calendar days, though exact dates vary each fiscal year.
- Submitting registrations within the designated window to be considered for the lottery is crucial.
- Key Point from USCIS: Under this process, prospective petitioners (also known as registrants) and their authorized representatives who are seeking to employ H-1B workers complete a registration process that requires basic information about the prospective petitioner and each requested worker.
- Wait for a Selection Notification from USCIS:
- After the registration period closes, USCIS conducts a random selection lottery.
- If a registration is selected in the lottery, the employer will receive a notification from USCIS.
- If registration is not selected, the employer cannot file an H-1B petition for that specific beneficiary for that fiscal year.
- Key Point from USCIS: The initial registration period is for a minimum of 14 calendar days each fiscal year.
- File H-1B Cap-Subject Petitions for Selected Beneficiaries:
- If registration is selected in the lottery, the employer has a specific timeframe to file the full H-1B petition with all required supporting documents.
- After selection, employers must file a complete H-1B petition with all required supporting documentation. While USCIS is expanding online filing options, most cap-subject H-1B petitions are currently filed by mail unless USCIS specifically permits electronic filing for that case type.
- Key Point from USCIS: Only those with selected registrations are eligible to file H-1B cap-subject petitions.
- Receive Notification of Selection or Denial of the H-1B Visa Petition:
- After USCIS reviews the submitted H-1B petition, they will issue a decision.
- If approved, the foreign worker can then proceed with the visa application process at a U.S. consulate or embassy in their home country.
- If the petition is denied, the employer may have options for appeal or re-filing in future years.
2025 Update: New $100,000 H-1B Petition Fee
A major policy update now impacts employers filing certain new H-1B petitions.
On September 19, 2025, the President issued a Proclamation requiring an additional $100,000 payment for specific H-1B petitions filed on or after 12:01 a.m. EDT on September 21, 2025.
On Oct. 20, USCIS shared updated guidance on the Restriction on Entry of Certain Nonimmigrant Workers proclamation mandating that “certain H-1B petitions filed at or after 12:01 a.m. eastern daylight time on September 21, 2025 must be accompanied by an additional $100,000 payment as a condition of eligibility.”
Who is subject to the $100,000 fee?
You must pay the fee if:
- The beneficiary is outside the United States.
- The petition requests consular notification, port-of-entry notification, or pre-flight inspection.
- USCIS determines the beneficiary is ineligible for change of status, or
- The beneficiary departs the U.S. before USCIS adjudicates a change of status request.
In these scenarios, the employer is required to submit the $100,000 supplemental payment as a condition of eligibility for the petition, unless USCIS determines that an exception applies.
Who is not subject to the fee?
The fee does NOT apply to:
- F-1 → H-1B change of status applicants inside the U.S. (provided USCIS approves the change of status.)
- Any amendment, extension, or change of status petition that is ultimately approved.
- Anyone with a previously issued, still-valid H-1B visa. (Note that this remains a legal gray area, as the administration has not released specific guidance on individuals with previously issued, still-valid H-1B visa stamps)
- Travel after approval (you can reenter on a current H-1B visa without triggering the fee).
If the beneficiary later leaves the U.S. and applies for an H-1B visa based on an already-approved petition that included no fee requirement, the $100k does not retroactively apply.
Payment Requirements
- Employers must pay through pay.gov before filing.
- Proof of payment (or proof of an exception) must be included with the petition.
- Petitions requiring the payment but filed without proof are automatically denied.
Exceptions
Extremely rare exceptions may be granted by the Secretary of Homeland Security if all of the following are true:
- The worker is in the national interest
- No U.S. worker is available
- The worker poses no security risk
- The required fee would significantly undermine U.S. interests
Requests are submitted to: H1BExceptions@hq.dhs.gov
Note that USCIS guidance indicates that a highly discretionary and extremely limited national interest exception may be available in rare circumstances, subject to review by the Department of Homeland Security and requiring a showing that granting the exception would significantly advance U.S. interests.
This fee represents one of the most significant shifts in high-skill immigration policy in decades and will materially change how U.S. companies approach international hiring.
You can read more about it here - https://www.uscis.gov/working-in-the-united-states/h-1b-specialty-occupations
Proposed Update: Wage-Level Weighted H-1B Lottery System
USCIS has released a proposed rule to replace the current random H-1B lottery with a weighted lottery based on the DOL wage level offered for the job.
Proposed Lottery Weights
A Level IV registration would have the same chance as four Level I registrations combined.
The proposal: https://public-inspection.federalregister.gov/2025-18473.pdf
Impact
- Early-career professionals (particularly new graduates on OPT earning Level I wages) would see significantly lower selection odds.
- Senior engineers and high-skill professionals at higher wage levels gain a substantial advantage.
- Startups that rely on hiring recent grads would face greater challenges.
Is this in effect? Not yet.
- This is a proposed rule, not final.
- It must go through notice-and-comment rulemaking.
- It is unclear whether the new lottery system will be implemented before the next H-1B cap season (typically run in early April).
Why this matters
This represents the largest structural change to the H-1B allocation system since the cap was created.
If implemented, the U.S. would effectively shift toward a wage-based talent selection model—dramatically favoring high-salary roles and disadvantaging entry-level workers.
Now that we've tackled the registration steps, let's clear up some burning questions you might have about it!
Common FAQs about the H1B Registration Process
The H-1B electronic registration process can be complex. Here are answers to some of the most frequently asked questions:
- Who is eligible to register for the H-1B visa electronically?
- U.S. employers or their authorized representatives can register for the H-1B lottery.
- When is the registration window for H-1B visas?
- The registration window typically opens in March each year and lasts for a short period.
- What information is required during the H-1B electronic registration process?
- Basic information about the employer and each beneficiary, such as the employer's FEIN, the beneficiary's name, and education details.
- What happens after I register electronically for an H-1B visa?
- After the registration period closes, USCIS conducts a random selection lottery.
- If a registration is selected, the employer will receive a notification from USCIS.
- If not selected, the employer cannot file an H-1B petition for that beneficiary for that fiscal year.
- What are the selection chances in the H-1B lottery?
- Selection chances vary significantly each year depending on the number of registrations received and the number of visas available.
- Does the $100,000 fee apply to the H-1B registration lottery? No.
- The $100,000 payment applies only after selection, at the petition filing stage. H-1B electronic registration in March remains unchanged.
- Does the $100K fee apply to F-1 students changing status to H-1B from inside the U.S.? No.
- F-1 → H-1B change of status petitions are exempt from the $100K payment, unless:
- USCIS decides the beneficiary is not eligible for change of status, or
- The student leaves the U.S. before the petition is adjudicated.
- If either occurs, the petition is treated as consular processing, and the $100K fee becomes required.
- Does the $100,000 fee apply to H-1B extensions or amendments? No.
- The Proclamation explicitly excludes:
- Amendments
- Extensions of stay
- Change of employer for someone already maintaining H-1B status inside the U.S. Even future travel after approval does not trigger the fee.
- Does travel outside the U.S. trigger the $100K fee?
- No — not after the petition has already been approved. If the worker already has an approved H-1B and travels abroad to get the visa, the fee does not apply.
- The fee is only triggered if:
- The petition requires consular notification, or
- USCIS determines the worker cannot do a change of status inside the U.S.
This section addresses some of the most common questions about the H-1B registration process. Remember that this information is for general guidance only and may not cover all specific situations.
Armed with answers to common questions, let's explore some top tips to make your application stand out!
Key Tips for Employers and Candidates
Navigating the H-1B visa registration process can be challenging. Here are some key tips for both employers and candidates to increase their chances of success:
For Employers:
Proactive planning and meticulous attention to detail are crucial for employers navigating the H-1B visa registration process.
- Prepare Early:
- Gather all necessary documents, including the beneficiary's educational credentials and employment history.
- Ensure the beneficiary meets all the eligibility requirements for the H-1B visa.
- Familiarize yourself with the latest USCIS guidelines and registration instructions.
- Accuracy is Key:
- Double-check all information entered during the online registration process for accuracy.
- Any errors can lead to rejection.
- Maintain Open Communication:
- Keep open lines of communication with the beneficiary throughout the entire process.
- Address any questions or concerns promptly.
For Candidates:
Candidates should proactively gather their documents, understand the H-1B process, and communicate openly with their employers for a successful application.
- Gather and Organize Documents:
- Collect all necessary documents, such as diplomas, transcripts, and work experience letters.
- Ensure all documents are properly translated and authenticated if required.
- Understand the Process:
- Familiarize yourself with the H-1B visa process and the role you play as a beneficiary.
- Understand the selection process and potential outcomes.
- Maintain Open Communication with Your Employer:
- Keep your employer informed about any changes in your situation.
- Respond promptly to any requests for information.
By following these tips, both employers and candidates can increase their chances of a successful H-1B visa application.
We've got the tips covered; let's see how Alma can be your partner in this process!
Ready to start your immigration journey? Get started here!
Frequently Asked Questions
Pegah Karimabakhsh Asli is an Associate Attorney at Alma, where she advises startups, founders, and enterprise clients on a wide range of employment-based immigration matters. She has extensive experience preparing and filing petitions across key categories, including TN, H-1B, L-1, O-1, EB-1, NIW, and Adjustment of Status (AOS), and provides strategic counsel to clients navigating complex immigration pathways.
Before joining Alma, Pegah worked at Fragomen in Silicon Valley, where she supported multinational corporations and high-growth companies with business immigration strategy and case management.
Jihan (Jina Hassan) Merlin is an Immigration Attorney and Head of Immigration Strategy at Alma, where she leads efforts to build smarter, faster, and more human immigration solutions. With over a decade of experience advising individuals, startups, and Fortune 100 companies, she combines legal expertise with technology to design scalable immigration programs. A graduate of Boston College Law School, Jihan is passionate about innovation in process and improving every stage of the immigration journey.
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