H-1B cap season is closer than you think!  If you are an employer planning to register one or more employees in the spring lottery for FY 2026, or if you’re an employee whose employer will be registering you, here’s a tip to ensure you’re prepped and ready once the new year hits. Last year, USCIS instituted a new beneficiary-centric process for registration whereby lottery selections are made by unique beneficiary rather than by registration. The final rule went into effect on March 4, 2024, and applied to the fiscal year (FY) 2025 registration process. Starting with the FY 2025 initial registration period, USCIS is now requiring registrants to provide valid passport information or valid travel document information for each beneficiary. The passport or travel document provided must be the one the beneficiary, if or when abroad, intends to use to enter the United States if issued an H-1B visa. Each beneficiary must only be registered under one passport or travel document. Thus, if your employee has multiple citizenships and holds a passport from more than one country, they will need to select which passport they will use to register, and subsequently use for the H-1B petition if selected in the lottery. Moreover, if your employee does not have a valid passport, now is the time to obtain or renew that passport!  As a reminder, only those with selected registrations are eligible to file H-1B cap-subject petitions.

Questions about the upcoming H-1B cap season?  Schedule a consultation with a CYA attorney today!