Thousands of skilled foreign workers pursue the H-1B visa yearly to begin or continue their professional journeys in the U.S. This visa grants employers the opportunity to hire noncitizens for “specialty occupations.” These occupations typically require a bachelor’s degree or higher. The program has a cap of 85,000 visas: 65,000 regular and 20,000 reserved for U.S. advanced degree holders.
The process is competitive, technical, and tightly regulated. USCIS implemented substantial updates in 2025. Mostly in response to persistent fraud, overwhelming demand, and loopholes exploited by bad actors. These changes include new integrity protocols designed to level the playing field. They show that USCIS is moving toward a smarter, cleaner, and more controlled process.
If you’re serious about securing an H-1B visa, you must engage with this process intentionally and proactively. Queens, NY, is a diverse and opportunity-rich area of the country. Hence, residents are facing fierce competition. At Queens Immigration Attorney, we help tailor your approach to the process. This way, your application can be smarter, faster, and more precise than ever.
Key Statistics:
- USCIS received 343,981 eligible H-1B registrations in FY 2026, down from 470,342 in FY 2025.
- USCIS selected 118,660 unique beneficiaries in FY 2026, resulting in 120,141 selected registrations.
- The total registration volume in FY 2026 dropped by 26.9% compared to FY 2025.
- Approximately 57,600 employers submitted registrations in FY 2026, up from 52,700 the previous year.
- The advanced degree exemption cap of 20,000 visas was reached in FY 2026.
- Only 7,828 beneficiaries in FY 2026 had multiple eligible registrations, a steep drop from 47,314 in FY 2025.
What’s Different About the 2025 H-1B Visa Registration Process?
The 2025 registration process has been overhauled to create a more secure and efficient system. The new process focuses heavily on individual accountability and digital accuracy. USCIS now mandates employers and attorneys to use specific online account types when registering prospective employees. The consequences of selecting the wrong account type or misunderstanding how to connect registrant and representative profiles can be devastating. These changes are rooted in data and a strategic effort to eliminate fraud and prevent registration abuse. All in a bid to improve the fairness of the lottery process. A local Queens immigration attorney can help you avoid mistakes and set up your USCIS account.
What is the correct account type for the registration?
For FY 2025, USCIS requires 3 distinct account types, and only one can submit H-1B registrations. That is the organizational account, previously called the “registrant account.” This account is required for any U.S. employer seeking to sponsor a foreign worker under the visa cap.
Here’s how the accounts break down:
- Organizational account: Used by the U.S. employer to submit H-1B registrations. Required even if an attorney is handling the filing.
- Attorney/representative account: Used by accredited legal representatives to file on behalf of a registrant.
- Applicant/petitioner/requestor account: Used for benefit requests unrelated to H-1B (e.g., green cards, naturalization). Not valid for H-1B registrations.
If an employer creates the wrong account type, USCIS will block access to the H-1B registration portal. No registration can be filed, and the deadline will pass before the error is resolved. That means the employer loses a full year of H-1B sponsorship eligibility.
How do I set up my H-1B organizational account?
Employers must create a USCIS online account before the registration period opens. When creating the account:
- Select “I am an H-1B registrant.”
- Use a company-specific email that no other USCIS accounts are tied to.
- Do not select the applicant/petitioner/requestor category. This is not valid for employers.
Employers and attorneys must also coordinate their accounts. The attorney cannot submit without the employer’s authorization in the system. The account setup process includes:
- Reviewing and approving Form G-28 submitted by the attorney.
- Reviewing the draft H-1B registrations.
- Authorizing final submission and payment.
The digital handshake between employer and attorney must be properly timed. Otherwise, your registration will remain unsubmitted.
What’s the difference between a registrant and a representative?
In 2025, USCIS separates roles in the registration process. Understanding the difference between registrant and representative is critical.
- Registrant: The U.S. employer. Must create an organizational account. Responsible for authorizing attorney activity and approving all submitted registrations.
- Representative: The attorney or accredited legal representative. Uses a legal representative account. Can draft and submit forms, but only with registrant approval.
Each party has access only to their part of the account. The employer retains account access if the registrant’s representative stops working with them. However, they cannot assign a new representative to previously submitted H-1B registrations. That’s why working with a reliable Queens immigration attorney from the start is essential to avoid costly disruptions. Want to hear how we’ve helped others handle the process? Read our client reviews here.
What is the “duplicate check” feature?
USCIS introduced the “duplicate checker” tool to help detect multiple registrations for the same beneficiary. Duplicate filings by the same employer or their attorney will result in immediate denial.
Here’s how it works:
- The checker compares your draft registration list against previous submissions for that same beneficiary.
- It flags potential duplicates before final submission.
- It cannot check for duplicates within the same draft.
- It does not prevent other employers from registering the same beneficiary.
Even with this tool, the burden remains on the registrant and their attorney to check that no duplicates exist. If a duplicate registration is submitted, all entries for that beneficiary from that employer will be invalidated.
Key rules to remember:
- You may delete duplicates during the registration window.
- You may not delete or replace duplicates after the window closes.
- USCIS will not refund fees for invalidated registrations.
Why does this step matter more in 2025?
USCIS is enforcing new fraud-prevention protocols that make registration integrity a top priority. These rules are tied to the final rule, Improving the H-1B Registration Selection Process and Program Integrity.
Key updates include:
- Each employer must attest that they have not worked with another company or agent to unfairly boost a beneficiary’s chances.
- Submitting a false attestation is grounds for denial, revocation, and possible law enforcement referral.
- Registrations must now include valid passport or travel document information for each beneficiary.
- Entries using “NA,” “00000,” or expired passports are automatically denied.
This year, USCIS is serious about cleaning up the system. In FY 2024, thousands of petitions were denied or revoked after fraud investigations. These changes hit hard in Queens, where small- to mid-size employers may not have in-house legal teams. Partnering with a dedicated Queens immigration attorney helps you stay compliant and competitive in the national lottery.
Step-by-Step: How to Submit a Strong H-1B Petition After Selection
Being selected in the H-1B lottery is only the beginning. The real challenge begins with preparing and filing a complete, accurate, and timely petition. USCIS does not guarantee approval simply because you were selected. The petition stage carries the weight of documentation, consistency, and compliance with prevailing wage and specialty occupation requirements. For many employers, especially small businesses or first-time filers, this is the point where avoidable mistakes can cause denial.
What are the required documents?
After lottery selection, each registrant must file a complete H-1B petition. The petition must include documentation proving that the role qualifies as a “specialty occupation.” It should also show that the employer is legitimate and that the beneficiary meets all eligibility requirements.
What fees apply?
Each H-1B petition requires payment of several mandatory government fees. In FY 2026, USCIS introduced a new $215 registration fee per beneficiary, paid during the lottery stage. That fee is nonrefundable and must have been paid for your registration to be valid. USCIS will reject any petition filed with incorrect or missing fees. Consult the official Form G-1055 fee schedule to confirm that each payment corresponds with the correct filing category.
What are the most common reasons petitions get denied?
USCIS may deny petitions for various reasons. However, one trend stood out in FY 2025 and FY 2026: misalignment between job duties and academic qualifications. This is when the petitioner fails to show that the position requires a specialized degree. It can also occur when the petitioner doesn’t show that the beneficiary’s background fits the role. In such cases, the petition will likely be denied.
To avoid this:
- Tailor the job description to highlight complex, degree-specific duties.
- Include third-party credential evaluations if the degree is foreign.
- Check that the salary meets or exceeds the DOL’s prevailing wage.
USCIS heavily scrutinizes roles with overlapping or nonspecific duties, especially in the technology and consulting industries. A Queens immigration attorney can help draft customized job descriptions and match the position to appropriate SOC codes.
What’s the benefit of premium processing?
Premium processing offers peace of mind through faster decision-making. By paying the premium processing fee, petitioners receive a decision from USCIS within 15 calendar days. This does not influence approval rates but significantly reduces waiting time.
What if the employer changes address before filing?
Address changes between registration and petition filing are more common than most think. This is especially true among startups, remote-first companies, and growing businesses. However, this change can trigger a red flag with USCIS if not properly documented. USCIS requires confirmation that:
- The petitioning entity is still the same company.
- The job location still matches the certified LCA.
- The address change was legitimate and does not impact the terms of employment.
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FAQs
How long can I stay in the U.S. with an H-1B visa? The initial stay is up to 3 years, with a maximum extension of 6 years. After that, options include transitioning to a Green Card or leaving the country.
How long is it from an H-1B visa to a Green Card? It varies. Some transition in 2 years, others in 5 or more. It depends on the employment-based Green Card category and priority date backlogs.
What happens after 6 years on H-1B? Unless you’ve started the Green Card process or qualify under exceptions (like AC21), you must leave the U.S. For at least 1 year before reapplying for a new H-1B.
What is the minimum salary for an H-1B visa? It depends on your role and location. USCIS requires that employers pay at least the prevailing wage for that job in the geographic area.
What countries do most H-1B visa holders come from? India and China dominate H-1B approvals. However, professionals from Canada, South Korea, and the U.K. also apply in large numbers.
Can a spouse work on an H-1B visa? Only if they hold an H-4 visa with Employment Authorization (EAD). This benefit primarily applies to spouses of H-1B holders pursuing a Green Card.
Consult a Queens Immigration Attorney Today
In 2025, USCIS tightened its rules, upgraded its systems, and doubled down on fraud prevention. Whether you’re an employer or applicant, your best shot at success is working with a trusted Queens immigration attorney. Our attorneys understand the local job market, USCIS updates, and how to file your petition. Start early. Stay organized. Avoid errors. The H-1B visa is your ticket to opportunity, and we’re here to help you claim it. Book a free consultation today!
