Overview
The H-1B visa program, a cornerstone for U.S. employers seeking to hire foreign professionals in specialty occupations, is undergoing significant changes for the Fiscal Year (FY) 2026. These updates, announced by the U.S. Citizenship and Immigration Services (USCIS), encompass adjustments to the registration process, fee structures, and policy reforms. This guide provides a comprehensive overview of the new rules and offers insights into effectively navigating the updated H-1B landscape.
Key Changes in the H-1B Program for FY 2026
- Increased Registration Fee: The USCIS has raised the H-1B registration fee from $10 to $215 per beneficiary. This substantial increase aims to address administrative costs and enhance the registration process’s efficiency.
- Registration Period: The initial registration window for FY 2026 opens at noon Eastern Time on March 7, 2025, and closes at noon Eastern Time on March 24, 2025. Employers must submit electronic registrations for each prospective H-1B candidate during this period.
- Beneficiary-Centric Selection Process: Since the previous year, USCIS has utilized a beneficiary-centric selection system. This approach focuses on unique beneficiaries rather than multiple registrations, aiming to reduce duplicate entries and ensure a fair selection process.
- Daily Credit Card Transaction Limit Increase: To accommodate the higher registration fee, the U.S. Department of the Treasury has temporarily increased the daily credit card transaction limit from $24,999.99 to $99,999.99. This adjustment facilitates smoother payment processing for organizations submitting multiple registrations.
- H-1B Modernization Rule: Implemented on January 17, 2025, the H-1B Modernization Rule introduces greater flexibility by updating criteria for specialty occupations, expanding definitions for cap-exempt entities, and extending cap-gap provisions for F-1 students. These changes aim to streamline the H-1B process and accommodate evolving workforce needs.
Steps for Employers
- Create a USCIS Online Account: Employers must establish an organizational account on the USCIS platform to participate in the electronic registration. This account facilitates the submission of beneficiary information and payment of registration fees.
- Prepare for Registration: Gather necessary information for each beneficiary, including personal details and evidence of qualifications. Ensure that all data is accurate to prevent processing delays.
- Stay Informed on Policy Changes: Regularly consult official USCIS communications and reputable immigration resources to remain updated on any further modifications to the H-1B program.
People Also Ask (PAA)
- What is the new H-1B registration fee for FY 2026?
- The registration fee has increased to $215 per beneficiary.
- When does the H-1B registration period for FY 2026 begin?
- The registration period opens on March 7, 2025, and closes on March 24, 2025.
- What is the beneficiary-centric selection process?
- It’s a system where each unique beneficiary is considered individually, reducing duplicate registrations and promoting fairness.
- How has the daily credit card transaction limit changed for H-1B registrations?
- The limit has been temporarily increased to $99,999.99 to accommodate higher fees.
- What is the H-1B Modernization Rule?
- A rule effective from January 17, 2025, introducing updates to specialty occupation criteria and cap-gap provisions.
- Do employers need a USCIS online account for H-1B registration?
- Yes, an organizational account is required to submit electronic registrations.
- Are there changes to the H-1B cap for FY 2026?
- The statutory cap remains at 65,000 visas, with an additional 20,000 for advanced degree holders.
- What is the purpose of the increased H-1B registration fee?
- The fee increase aims to cover administrative costs and improve process efficiency.
- Can employers submit multiple registrations for the same beneficiary?
- No, the beneficiary-centric process prohibits multiple registrations for the same individual.
- Where can employers find official information on H-1B updates?
- Official updates are available on the USCIS website and through reputable immigration law resources.
Staying informed and proactive is essential for employers and prospective H-1B beneficiaries to successfully navigate the evolving landscape of the H-1B visa program.