Quick answer: The FY2027 H-1B cap registration period is over, but you can start preparing for the next cap season as early as now. Your business immigration lawyer from Berd & Klauss, PLLC can identify potential H-1B candidates early and confirm their personal and employment information, so you can organize all the requirements. If you registered in the FY2027 H-1B cap and your employee is selected, you’ll need to file a complete H-1B petition that matches the information provided during registration.
Although the FY2027 H-1B cap registration period has already passed, it’s never too early to lay the groundwork for the FY2028 cap season. You don’t have to wait for USCIS to announce the registration period of FY2028 H-1B cap to work with a business immigration lawyer. You can use this time to identify potential H-1B candidates and gather their information. A corporate immigration attorney can likewise help prepare your USCIS online account and internal approval process.
What should employers prepare to be ready for FY2028?
|
What to prepare |
What to do now |
|
Potential H-1B candidates |
Identify employees you may want to register for the next cap season |
|
Employer information |
Confirm your legal business name, FEIN, address, and contact information |
|
Employee information |
Collect the identifying information required for each prospective beneficiary |
|
Advanced degree exemption |
Check whether a candidate may qualify based on a qualifying US master’s degree or higher |
|
USCIS online account |
Make sure the appropriate company account and attorney access are ready |
|
Internal approvals |
Decide who will approve registrations and registration payments |
|
Registration requirements |
Check the next USCIS registration dates, fee, and instructions once announced |
Get familiar with the registration system
USCIS handles H-1B cap registrations electronically through its online account system. As an employer, you must submit a separate registration for each prospective employee you want to enter into the selection process.
The registration fee for the FY2027 H-1B cap registration was $215, but there’s no guarantee that it will be the same for next year. Your corporate immigration attorney can update you on USCIS requirements and fees as soon as the agency announces the next registration period.
You can also decide now who within your company will approve registrations and payments ahead of time, so you’ll be ready when the registration window opens.
Gather your information early
The information USCIS requires for H-1B registration: your company’s legal name, FEIN, address, and contact details. If your business immigration lawyer will submit the registration for your company, they will also need accurate information to properly set up your USCIS online account.
For each person you plan to register for the H-1B cap, you need to collect the identifying information USCIS requires:
- Full name
- Date of birth
- Country of birth
- Country of citizenship
- Valid passport or travel document information
Always make sure that you’re providing valid passport and travel document details to USCIS, as this is required as part of the beneficiary-centric registration process.
Your corporate immigration attorney can check whether any of the people you plan to register may qualify for the advanced degree exemption, which can apply if they earned a qualifying US master’s degree or higher.
What happens if USCIS selects your employee?
When your employee gets selected, that’s your cue to file an H-1B cap-subject petition for them. Make sure to do this during the filing period on the selection notice.
USCIS generally requires a valid selected registration before you can file a cap-subject H-1B petition for the named beneficiary, unless USCIS suspends the registration requirement.
You can file Form I-129 electronically (when online filing is available) or submit a paper petition. USCIS also allows electronic collaboration between company personnel and your business immigration lawyer through its online account system.
Make sure you file the H-1B petition properly
If USCIS selects your employee’s registration, you still need to file the H-1B petition correctly before USCIS can adjudicate it.
A corporate immigration attorney can help you prepare the current version of Form I-129 and all required H-1B supplements. At the same time, they can check the USCIS form instructions before filing to see if there are any changes in the forms and requirements.
For a cap-subject petition, include a copy of the employee’s H-1B Registration Selection Notice. You’ll also need to enter the Beneficiary Confirmation Number from that notice in the appropriate section of the petition.
Provide evidence of the passport or travel document used to identify your employee during registration. If that document expires before you file the petition, keep documentation for both the old and new passport or travel document and explain any resulting change in identifying information.
It’s also important to check the petition carefully against the selected registration before you submit it. Your business immigration lawyer can verify that all information is consistent to prevent a denial or a revoked H-1B petition.
Be ready for the next H-1B cap registration
If you’d like help preparing, arrange a consultation with us here at Berd & Klauss. You can speak with our corporate immigration attorney by sending a message to info@berdklauss.com or by calling 212-461-7152.
