Key Takeaways
• H-1B lottery registration for FY 2026 runs from March 7, 2025, to March 24, 2025, with stricter USCIS scrutiny.
• New requirements include passport numbers in lottery registrations and a fee increase from $10 to $215 per entry.
• Revised Form I-129, mandatory starting January 17, 2025, and improper forms or errors may result in automatic rejection.
As the H-1B cap lottery for Fiscal Year (FY) 2026 draws closer, applicants and employers must be more careful than ever to avoid unconventional mistakes that could eliminate their chances of securing an H-1B visa. The registration period will open on March 7, 2025, and close on March 24, 2025. In light of increased competition, heightened scrutiny from the U.S. Citizenship and Immigration Services (USCIS), and recent regulatory changes, even small errors can have severe consequences.
Recent Changes and Growing Vigilance by USCIS
USCIS made significant updates to the H-1B filing process to combat fraud and ensure fairness. On January 30, 2024, USCIS introduced the requirement for passport numbers or travel document numbers in lottery registration submissions. This change ensures that each foreign worker, also called a “beneficiary,” can only be entered into the lottery once. This move prevents applicants from using multiple employers to increase their odds of selection.
Another major change is the increase in the H-1B registration fee, which has been raised from $10 to $215 per entry for FY 2026. This fee hike is designed to deter fraudulent practices, particularly the submission of multiple registrations under different employers. These efforts reflect USCIS’s increased focus on fairness and integrity in the system. Data from FY 2025 already indicates that such efforts have made an impact, as the number of registrations dropped from 780,884 in FY 2024 to 479,953 in FY 2025 under the beneficiary-centric process.
Avoidable Mistakes That Could Cost You the Lottery Spot
1. Misinterpreting the Beneficiary-Centric Selection Process
One of the most commonly misunderstood changes is the beneficiary-oriented selection process. This process only allows one entry per beneficiary, no matter how many employers submit registrations for the same person.
Mistake: Assuming that multiple registrations from different employers will give applicants an advantage.
Impact: If USCIS finds multiple registrations under different employers for the same beneficiary, all entries will be invalidated.
2. Creating the Wrong USCIS Account Type
The USCIS mandates that H-1B registrations be submitted via specific account types. Employers must use an organizational account, and legal representatives must use an attorney/representative account.
Mistake: Creating an applicant/petitioner account and trying to use it for H-1B registrations.
Impact: Applicants will not be able to submit their registrations.
3. Offering Wages Below the Prevailing Wage
H-1B petitions must meet the “prevailing wage” requirement, which means the wage offered to the foreign worker must be equal to or greater than the average wage for the job in the location where they will work.
Mistake: Paying less than the prevailing wage for the specified job role and region.
Impact: Such petitions could be denied outright.
4. Incorrect Job Classification or Specialty Occupation Designation
H-1B petitions are only approved for jobs that qualify as “specialty occupations.” These roles generally require specialized education or expertise.
Mistake: Incorrectly classifying the role or failing to provide evidence that it requires specialized skills.
Impact: This error often leads to petition denial.
5. Filing an Incomplete Petition or Providing Inadequate Documentation
The H-1B process requires extensive documentation, such as educational credentials, employment contracts, and other proof that both the employer and employee meet eligibility standards.
Mistake: Not submitting complete documents or providing insufficient evidence.
Impact: Incomplete applications lead to delays or denials.
6. Skipping the Labor Condition Application (LCA)
To file an H-1B petition, employers must first obtain an approved Labor Condition Application (LCA) from the Department of Labor.
Mistake: Failing to secure an LCA before filing the petition.
Impact: Employers could face penalties, fines, or outright petition rejection.
7. Incorrect Start Date on Form I-129
Form I-129, also known as the Petition for a Nonimmigrant Worker, is central to the H-1B process. Employers must include an employment start date consistent with the H-1B eligibility rules.
Mistake: Writing an H-1B start date earlier than October 1, 2025, on Form I-129.
Impact: USCIS will automatically reject these petitions.
8. Filing with an Outdated Form
Any petition submitted to USCIS must use its most recent approved forms. For example, the revised Form I-129 with the edition date of 01/17/25 will become mandatory starting January 17, 2025.
Mistake: Using an outdated Form I-129 (e.g., the 04/01/24 version) after new editions become mandatory.
Impact: Outdated forms lead to automatic rejection.
9. Sending the Petition to the Wrong USCIS Lockbox Facility
Each H-1B petition must be sent to the designated USCIS Lockbox Facility based on the employer’s location and other factors.
Mistake: Filing the H-1B petition at the wrong lockbox.
Impact: Misfiled petitions are returned, wasting valuable time and potentially missing the deadline.
10. Ignoring New Form Requirements
USCIS introduced a revised version of Form I-129 in January 2025. Unlike previous changes, there is no grace period for using older forms.
Mistake: Failing to use the January 2025 edition of the form for petitions filed on or after its release date.
Impact: Immediate rejection of the application.
Key Developments That Shape the Current Landscape
- Fee Increase: USCIS has raised the registration fee almost twentyfold, from $10 to $215, to deter frivolous and fraudulent filings and discourage abuse of the process.
Beneficiary-Centric Process: This process reflects USCIS’s efforts to reduce complications in the H-1B lottery by focusing on unique beneficiaries.
Revised Forms: The agency is enforcing stricter compliance by mandating the use of updated forms like the newly published Form I-129.
Fraud Prevention: USCIS has strengthened measures to detect fraud. For FY 2025, USCIS conducted data reviews to identify improper activities, and similar checks will happen for FY 2026.
Additional Lottery Selections: In FY 2025, USCIS selected fewer registrations than in previous years. Additional selections later on ensured the annual cap was met, offering some hope to those not initially picked.
How to Reduce Errors and Improve Chances
H-1B applicants and their employers can take several measures to minimize risks:
- Attention to Detail: Confirm all dates, classifications, wages, and requirements carefully before submission.
- Compliance with Forms: Always use the latest USCIS forms, as soon as they’re implemented.
- Employer Diligence: Employers must verify that they meet all requirements, including securing an approved LCA and offering industry-standard wages.
- Avoid Multiple Registrations: Submit one registration per employee per employer to avoid disqualification.
- Consult Professionals: Legal counsel with expertise in immigration laws can guide applicants and employers through complex rules.
- Confirm Filing Logistics: Verify the correct USCIS lockbox address to prevent delays.
Preparing for FY 2026
As the H-1B cap lottery for FY 2026 draws near, understanding and addressing unconventional mistakes can dramatically improve applicants’ chances of success. Following USCIS updates, like the use of passport numbers, higher fees, and beneficiary-centric processes, is crucial. Visaverge.com emphasizes the importance of preparation, stating that attention to detail is more important than ever in this highly scrutinized and complicated H-1B process. By avoiding common errors related to Forms I-129, wage guidelines, and account setups, employers and recipients alike can be better positioned for a successful filing.
For additional details on Form I-129 and its requirements, refer to the USCIS official page for Form I-129. Those affected should seek professional legal advice before filing.
Learn Today
H-1B Cap Lottery → A random selection process by USCIS to allocate a limited number of H-1B visas to qualified applicants.
Beneficiary-Centric Process → A system ensuring only one H-1B lottery entry is allowed per foreign worker, regardless of multiple employer submissions.
Prevailing Wage → The standard minimum wage set by the government for a specific job role and location to ensure fair pay.
Labor Condition Application (LCA) → A required document filed by employers with the Department of Labor to demonstrate wage and work condition compliance for H-1B applicants.
USCIS Lockbox Facility → A designated processing location where USCIS receives specific petitions, ensuring proper sorting and timely handling of applications.
This Article in a Nutshell
The FY 2026 H-1B lottery demands precision. With higher fees, stricter rules, and USCIS’s fraud prevention measures, even small mistakes—like outdated forms or multiple registrations—can endanger applications. Key tip: Submit only one entry per beneficiary and double-check all details. Thorough preparation is vital for navigating this evolving, competitive process.
— By VisaVerge.com
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