New USCIS H-1B Registration Rule

By C. Matthew Schulz

USCIS has finalized a major overhaul to the H-1B cap registration process, effective for the upcoming FY 2027 H-1B cap season. Beginning with the registration period expected to open in March 2026, the selection process will shift to a beneficiary-centric model—a fundamental change aimed at increasing fairness, deterring abuse, and promoting integrity in the H-1B program.

What’s Changing: Key Takeaways from the New Rule

• Beneficiary-Centric Selection. Registrations will now be selected based on unique beneficiaries, not the total number of registrations filed on their behalf. Each beneficiary will have only one chance in the selection lottery, even if multiple employers submit registrations.
• Multiple Selections Allowed for Valid Job Offers. If selected, each employer that submitted a registration for the selected beneficiary will be notified and may file a petition—so long as the job offer remains valid.
• New Verification Requirements. Registrants must provide valid passport or travel document information for each beneficiary. USCIS will use this to prevent duplicate entries and confirm identity.
• Updated Registration Fees (Effective March 2026). $215 per registration (increased from $10). The fee hike is part of USCIS’s broader fee rule published separately and applies to registrations starting in March 2026.

How This Differs from the Current H-1B Registration System

Under the H-1B registration system used through March 2025 for FY 2026 cap, the old rule was for each employer to submit a separate registration for a given beneficiary (potential H-1B worker). A beneficiary could be registered by multiple unrelated employers, giving those with several job offers better odds of selection. There was critiscm by some that this employer-centric model enabled system gaming and lead to what the government labeled duplicate registrations, notwithstanding they were in fact separate registrations by unrelated employers

In any event, the government feels the new beneficiary-centric model will ensure that each prospective H-1B worker has only one entry in the registration lottery, regardless of how many employers submit a registration for them. This acts to equalize selection chances across all prospective H-1B workers.

What Employers and H-1B Candidates Need to Do Now

Employers should:

• Collect accurate passport/travel document data for each beneficiary they intend to register.
• Review internal policies to ensure attestations and job offers are genuine - USCIS will scrutinize duplicate entries more closely.
• Budget for the higher $215 registration fee.

Prospective H-1B beneficiaries should:

• Ensure their passport or travel document is valid and consistent across all potential employer registrations.
• Coordinate with sponsoring employers to avoid mismatches in biographic data.

Beyond Registration: What Happens Next

It’s important to remember that H-1B registration is just the first step in the process. Being selected in the registration lottery only grants the opportunity to file a full H-1B petition. USCIS will then evaluate the petition, supporting documentation, and eligibility under the statutory and regulatory requirements. Filing a successful H-1B petition requires careful planning and timely preparation after selection.

New Selection Priorities Based on Compensation

USCIS is also preparing to roll out a new selection process that moves away from a pure random lottery. Instead, the agency plans to implement a wage-level-based selection system that gives preference to registrations offering higher wages relative to the Department of Labor's Occupational Employment and Wage Statistics (OEWS) levels. Registrations offering Level IV wages (the highest tier) would have a better chance of selection than those at Level I, aligning with the agency’s goal of prioritizing higher-skilled, higher-paid positions.

What This Means for Selection Odds

Historically, H-1B selection odds have been quite low due to overwhelming demand—often between 11% and 15% depending on the year. The new compensation-based selection process is expected to reshape these odds, favoring employers that offer higher wages relative to prevailing wage levels. While this may improve chances for some, it could reduce selection prospects for lower-level wage offers, including many entry-level positions. 

Alternatives for Professionals Not Subject to H-1B Registration

Professionals who are not selected—or who are ineligible to register—may have other visa options outside the H-1B cap registration system. These include:

• TN visa for Canadian or Mexican citizens under NAFTA/USMCA;
• H-1B1 visa for Chilean or Singaporean citizens;
• E-3 visa for Australian citizens;
• O-1 visa for individuals with extraordinary ability in sciences, arts, education, business, or athletics;
• CPT (Curricular Practical Training), OPT (Optional Practical Training), and STEM OPT extensions for eligible F-1 foreign students.

Conclusion

The March 2026 registration cycle marks a pivotal shift in the H-1B landscape. While the changes aim to level the playing field, both employers and foreign professionals should take early steps to align with the new requirements. Let us know if you need help preparing for the transition.