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USCIS Opens H-1B Registration for 2026 with New Selection Rules
The United States Citizenship and Immigration Services (USCIS) has announced that it will accept new H-1B registrations from noon EST on March 4, 2026, until noon EST on March 19, 2026. This period marks the only opportunity this year for employers to register foreign nationals who have not previously held H-1B status. The registration process will now incorporate a new selection method aimed at improving the fairness and transparency of the allocation process.
Since implementing an electronic registration system in 2020, USCIS has streamlined the method of selecting applicants under the annual H-1B cap. Employers must complete the registration during the designated window, collaborating with their legal representatives to prepare the necessary documentation online. The current fee for each registration is $215.
Employers will submit registrations into two pools: a general pool and a separate pool for foreign nationals with advanced degrees from accredited American institutions. All registrations will initially enter the general pool, while those involving advanced degrees will also be considered in the advanced degree pool, enhancing their chances of selection.
USCIS plans to announce selected applications by March 31, 2026. Employers chosen in the first round will have until June 30, 2026, to file their H-1B petitions. Depending on demand, USCIS may conduct a second selection round later in the summer.
New Requirements and Weighted Selection Process
In a significant shift, USCIS will now require employers to provide additional information during registration, including the wage level based on the U.S. Department of Labor’s wage survey, the Standard Occupation Code (SOC) for the offered position, and the area of intended employment. Employers must also attest under penalty of perjury that the job offer is bona fide and that they have a legitimate position to fill.
This new requirement reflects a federal rule change whereby the wage level will influence the number of times a registration can be entered into the selection pools. For instance, if an employer offers a salary that meets or exceeds Level 4 of the DOL wage scale, USCIS will enter that registration into the general pool four times. If the registration also names a candidate with an advanced degree, it will be entered into the advanced pool another four times, totaling eight entries.
If an employer has multiple worksites, USCIS will assess the location offering the lowest wage level when determining how often to enter the registration into the pools. It is important to note that this new “weighted selection” process is distinct from the prevailing wage analysis that employers complete for the Labor Condition Application (LCA).
Enhanced Compliance Measures and Investigations
To prevent abuse of the registration process, USCIS has instituted several safeguards. After a registration is selected, employers must provide evidence supporting the wage level reported. This documentation may include the relevant DOL wage data sheet, explanations for worksite assignments, and internal salary analyses.
Additionally, starting on April 1, 2026, USCIS will implement a revised H-1B petition form that will require detailed information about the foreign national’s qualifications, such as education and work experience. This information will assist USCIS in evaluating the employer’s wage determination.
The U.S. Department of Labor (DOL) is also intensifying its oversight, launching Project Firewall to enhance compliance audits for H-1B employers. As a result, employers will likely face increased scrutiny, including site visits and investigations, throughout 2026 and beyond.
Given the new procedures and heightened risk of compliance investigations, employers pursuing H-1B authorizations must navigate the process with diligence, ensuring consistency across all registration and petition documents.
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