The H-1B program remains one of the most important pathways for U.S. employers to hire highly skilled foreign professionals in STEM, finance, research, healthcare, and other specialty occupations. Beginning in 2024, USCIS implemented the most significant modernization of the H-1B cap system in more than a decade. Those reforms now govern the H-1B cap process going forward, with stronger identity-verification requirements, new anti-fraud safeguards, and a redesigned cap-registration structure.
In addition, a Presidential Proclamation issued in September 2025 introduced a new $100,000 supplemental H-1B fee for certain petitions filed on or after September 21, 2025. This new requirement has major implications for employers filing new H-1B petitions for beneficiaries abroad.
This column explains the key components of the current H-1B landscape—beneficiary-centric lottery selection, mandatory passport verification, enhanced integrity rules, new fee obligations, and how both employers and foreign nationals should prepare for upcoming cap seasons.
H-1B 2026 Modernization: Beneficiary-Centric Lottery
Under the prior employer-centric system, foreign nationals could receive multiple entries in the H-1B lottery if several employers submitted registrations for them. USCIS determined that this structure encouraged abuse, including coordinated filings by related or shell companies to artificially increase a candidate’s selection odds.
Under USCIS’s modernization rule—effective beginning with the FY 2025 cap season and continuing into FY 2026 and future years—the H-1B cap uses a beneficiary-centric lottery:
- Each beneficiary is treated as a single lottery entry, regardless of how many employers submit registrations.
- All employers who registered a selected beneficiary receive a selection notice.
- The beneficiary may choose which employer will ultimately file the petition.
This system ensures that every foreign national has an equal statistical chance of selection, eliminating unfair advantages gained through duplicative registrations.
Mandatory Passport / ID Verification for All H-1B Registrants
To enforce the one-person-one-entry rule, USCIS now requires every registration to include:
- a valid passport or travel-document number,
- the issuing country,
- passport expiration date, and
- identity information that must match the information provided in the H-1B petition.
Unless a legitimate reason exists—such as a passport renewal due to expiration—the same passport used for registration should be used for the petition filing. USCIS uses this data to detect attempts to create multiple identities or file duplicate registrations using slight name variations or alternate documents.
Beneficiaries who cannot obtain a passport, such as certain refugees or stateless individuals, must provide a government-issued alternative ID with an explanation, following USCIS guidance.
Anti-Fraud Enforcement and Integrity Measures
The modernization rule significantly expands USCIS’s authority to investigate suspicious H-1B activity and enforce compliance. USCIS may take action against:
- duplicate or coordinated registrations submitted for the same beneficiary,
- registrations unsupported by a bona fide specialty-occupation position,
- registrations submitted by related entities seeking to increase selection odds, and
- misrepresentation of job duties, location, or terms of employment.
USCIS may:
- deny or revoke H-1B petitions based on improper registrations,
- issue verification requests and conduct site visits,
- invalidate selected registrations if passport-based identity information does not match, and
- refer employers for fraud or criminal investigation.
Employers must certify that every registration reflects a legitimate job offer in a specialty occupation. USCIS has made clear that artificial or coordinated registration practices will be met with strict enforcement.
New H-1B Costs: Registration Fee & $100,000 Supplemental Fee
- H-1B Registration Fee (Current for Upcoming Cap Seasons)
For the H-1B cap-registration process going forward, the H-1B electronic registration fee is $215 per registration, following USCIS’s updated fee schedule. This fee applies to all cap-subject registrations for upcoming fiscal years (including FY 2026 and beyond).
- The New $100,000 Supplemental H-1B Fee (Presidential Proclamation)
A separate Presidential Proclamation established a $100,000 supplemental fee for certain petitions filed on or after September 21, 2025.
The fee applies to:
- new H-1B petitions for beneficiaries outside the United States who
- do not hold a valid H-1B visa, or
- request consular processing for initial H-1B admission.
The fee does NOT apply to:
- standard H-1B extensions,
- amendments,
- changes of employer,
- changes of status within the U.S.,
- H-1B1 petitions, or
- beneficiaries who already hold a valid H-1B visa and are returning in H-1B status.
There are limited national-interest exceptions reviewed by DHS. This supplemental fee is in addition to the regular filing fees (I-129, ACWIA, fraud-detection fee) and the $215 registration fee.
How to Prepare for Upcoming H-1B Cap Seasons
USCIS typically opens the H-1B cap-registration window in early March, with petition filing for selected beneficiaries beginning on April 1 of each year. While the exact dates for each fiscal year are announced by USCIS, the pattern has been consistent.
Foreign nationals should prepare:
- a valid passport that will remain valid throughout the registration and filing period,
- degree transcripts, diplomas, and foreign-credential evaluations,
- a detailed résumé and evidence of technical or specialized experience,
- documentation of a U.S. master’s or higher degree (for the 20,000 advanced-degree cap).
F-1 students should maintain lawful status to benefit from Cap-Gap extensions if selected.
Employers should prepare:
- detailed job descriptions showing how the role qualifies as a specialty occupation,
- organizational structure charts and reporting lines,
- evidence of business operations and ability to pay the offered wage,
- contracts or itineraries for assignments involving client sites or consulting roles,
- an internal compliance workflow to ensure identity-verification and attestation requirements are met.
Common Errors That Now Lead to Denial
With the modernization rule and the new Proclamation-based fees in effect, USCIS has tightened scrutiny of H-1B filings. Frequent errors include:
- discrepancies between the passport used for registration and the passport submitted with the petition,
- inconsistencies in the beneficiary’s name or identity information,
- failure to demonstrate a bona fide specialty-occupation job offer,
- delays in gathering required evidence or using outdated documentation,
- misunderstandings regarding whether the $100,000 supplemental fee applies,
- failure to maintain lawful status prior to filing.
USCIS has signaled heightened enforcement, meaning errors that may have been overlooked in prior years can now lead to denials or revocations.
Need Help Navigating Today’s H-1B Rules?
With the beneficiary-centric lottery, mandatory passport verification, strengthened anti-fraud screening, new fee obligations, and ongoing policy changes, the H-1B process is more complex than ever. If you have questions about H-1B eligibility, cap-registration strategy, or preparing a strong H-1B petition—whether you are an employer seeking to hire foreign talent, an F-1 student transitioning to H-1B, or a professional exploring visa options—contact Song Law Firm at 201-461-0031 or immigration@songlawfirm.com.
Our immigration attorneys stay ahead of every regulatory update and can guide you through each step to maximize your chances of success.
Disclaimer: This column provides general information and should not be construed as legal advice for your specific situation. Immigration policies change frequently; consult an attorney to understand how they apply to your case.
