Kamal Ghorui
As the H-1B registration period for this season came to an end on March 19, 2026, the second phase of the process begins. The USCIS will conduct the selection process, with lottery notifications expected by March 31, 2026. The selected employers can file H-1B petitions from April 1 to June 30, 2026. For those selected in the lottery, the window between April 1 and June 30 will determine whether a case is approved, delayed through Requests for Evidence (RFEs), or denied outright.The earliest employment start date for approved petitions is October 1. This is the first time that lottery will not be held randomly and will be based on wage. For each selected candidate, the companies will have to pay $100,000 fee.
What should petitioners do now?
- With increased scrutiny on the entire H-1B process, petitioners, which are companies looking to hire people on H-1B visas, must be prepared that they will be challenged by USCIS.
- According to immigration experts, USCIS now wants employers to clearly explain how the post needs specific knowledge and a specific degree.
- A generic job description will not be enough. The petition should clearly explain how the role is crucial for the company’s operations.
- The petitioners must elaborate on what the H-1B employee will be doing on a day-to-day basis.
- The petition must break down duties into specific functions, explaining how these functions are performed and why these can only be performed by those who studied a particular case.
- The petition must show that the degree is necessary for this position, in this company, performing these duties.
- Immigration expert Steven Brown explained that if a post requires “computer science, engineering, or related field”, the USCIS may conclude that the role does not require a specific specialty. Hence, degree requirements must be clearly justified.
- Descriptions such as “analyze data,” “develop solutions,” or “support applications” provide little insight into the complexity of the work. Without additional detail, these duties can appear routine or administrative, even if the actual role is far more complex, Brown elaborated.
- A petition has to be well prepared. Every submission should be prepared with an eye toward how it will read in federal court. Job duties must be detailed, consistent, and clearly tied to specialized knowledge. Degree requirements must be precise and supported by a logical explanation.
- There should be no ambiguities in the petition which cane be open to interpretation.
