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Mercy360 Blog of Sunday, 9 February 2025

Source: Mercy Mensah

US Immigration announces the H-1B registration period for fiscal year 2026.

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The United States Citizenship and Immigration Services (USCIS) has announced that the registration period for the fiscal year 2026 H-1B visa program will begin on March 7, 2025, at noon Eastern Time and end on March 24, 2025.

This program enables US firms to engage foreign professionals in specific industries.

Prospective applicants must ensure that their employers complete the electronic registration process using a USCIS online account and pay the requisite registration cost during this time, according to the DAAD Scholarship.

Failure to register within this deadline will result in a delay until the following cycle.

The H-1B visa enables US firms to engage foreign professionals in particular occupations. To be eligible, the position must demand specialist expertise and at least a bachelor's degree or its equivalent. Employers must also submit a Labor Condition Application (LCA) to the Department of Labor to ensure equitable salaries and working conditions.

Registration Process for Fiscal Year 2026
The registration process for the fiscal year 2026 H-1B visa program consists of multiple steps:

1. Employer registration: Employers must electronically register with USCIS between March 7th and March 24th, 2025, using their online account. A registration fee of $10 per beneficiary is required. If applicants surpass the 65,000 ordinary limit and 20,000 master's limit, USCIS will hold a lottery.

2. Lottery selection: USCIS will notify chosen employers who may file a formal petition.

3. Petition filing and LCA: The employer must submit Form I-129 along with a DOL-certified LCA. The LCA assures fair compensation and adherence to labor laws.

4. Visa processing and approval: Once accepted, the foreign worker may apply for an H-1B visa at a US consulate. Approved candidates may begin working on or after October 1, 2025.

Eligibility criteria:
To qualify for the H-1B visa, candidates must:

Have a bachelor's or higher degree in a comparable subject.
Work in a specialized field requiring extensive understanding.
Obtain employment sponsorship from a United States employer.
Ensure that their employer files an LCA with the Department of Labor.

Portability and employer changes
Foreign professionals may move their H-1B sponsorship from one workplace to another. Key points include:

The new employer must submit Form I-129 before the existing employment authorization expires.
The individual might begin working immediately after filing.
If the petition is denied, the employee must cease employment or return to their old employer (if applicable).
Employees who lose their jobs have up to 60 days to locate a new company, amend their visa status, or depart the United States.

Cap (limit) exclusions
Each year, there are severe limitations on H-1B visas:

There are 65,000 visas available under the usual quota.
Individuals holding master's degrees or higher from the United States are eligible for 20,000 visas.
Employers that are exempt from the cap include:

Universities and colleges in the United States.
Non-profit research organizations.
Government research institutes.
length of stay and extensions
The H-1B visa is initially given for three years and can be extended up to six years. Some applicants may be eligible for extensions beyond six years, if:

They hold a valid EB-1, EB-2, or EB-3 immigrant petition.
They have had a pending labor certification for at least 365 days.

Family Sponsorship: H-4 visa.
H-1B holders can bring their spouses and unmarried children under the age of 21 to the United States on the H-4 visa. Some H-4 spouses qualify for employment authorization if:

The H-1B holder has begun the employment-based green card process.

For further information, applicants can visit the official USCIS website or seek legal assistance.