H-1B Petition Process and Recent Changes

Temporary Policy (2009-2010): From November 2009 to March 2010, USCIS temporarily allowed the acceptance with uncertified Labor Condition Applications (LCAs). This was a response to processing backlogs at the Department of Labor (DOL) caused by the new “iCERT” system.

Current Electronic Registration System: The process for H-1B cap-subject petitions now uses an electronic registration system. Prospective petitioners must first register online and pay a $10 fee for each beneficiary.

Process Overview:

The registration period typically lasts a minimum of 14 days.

After the period closes, USCIS runs a selection process.

Only those with a selected registration are eligible to file a full H-1B petition.

Beneficiary-Centric Selection: The H-1B program now uses a “beneficiary-centric” selection process, meaning that USCIS selects unique beneficiaries, not registrations. This ensures each individual has an equal chance of selection, regardless of how many employers register on their behalf. To combat fraud, registrants must provide valid passport or travel document information for each beneficiary.