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The H-1B season is critical for companies and international candidates seeking to work in the U.S. as professionals in specialized fields. The registration for fiscal year 2026 begins in March 2025, and with increasing competition, both employers and candidates need to be well-prepared. In this article, we’ll explore how businesses can gear up for the process, how candidates can position themselves, and what to avoid, ensuring a smooth and fair H-1B process.

Key Takeaways

• Early preparation is essential for both companies and candidates.
• Employers must ensure compliance with legal requirements, including filing a Labor Condition Application (LCA).
• Candidates should focus on gathering the right documentation to avoid delays.
• Legal support is critical to avoid common pitfalls and ensure proper filing.
• Beware of common H-1B scams targeting both candidates and businesses.

Context

The H-1B visa has been a crucial part of the U.S. employment-based immigration system since its inception in 1990. It allows businesses to hire foreign professionals in specialty occupations, typically requiring at least a bachelor’s degree. However, the process is competitive, and only 85,000 H-1B visas are available annually, which includes 20,000 reserved for individuals with a U.S. master’s degree. Due to its lottery system and cap limits, it has become a challenging but necessary route for many companies to access global talent.

Employer Preparations for the H-1B Season

Employers should begin by reviewing records of current and prospective employees to identify H-1B-eligible candidates, including students on F-1 visas with OPT or STEM OPT status. It is important to start collecting necessary documents early, such as employment contracts and work orders if the candidate will be working offsite. Employers must also ensure they comply with wage requirements and file a Labor Condition Application (LCA) with the Department of Labor.

How Companies Verify Candidates? – Spotting Fake vs. Genuine Applicants

As companies prepare to sponsor H-1B visas, it is crucial that they verify the authenticity of the candidates they are considering. Fraudulent applications can lead to serious legal consequences and damage to the company’s reputation. Here are the steps companies typically follow to distinguish between fake and genuine candidates:

1. Check Educational Credentials: Companies should verify the authenticity of a candidate’s degrees and qualifications by contacting the issuing institutions directly or using third-party verification services. Many fraudulent applications include fake degrees from non-existent or unaccredited institutions. Reliable educational verification services can help confirm the legitimacy of the candidate’s academic history.
2. Review Work Experience: It’s important for companies to scrutinize the candidate’s past employment history. This can involve contacting previous employers to confirm job titles, dates of employment, and job responsibilities. If discrepancies arise or the candidate is hesitant to provide references, it could be a red flag.
3. Use of Specialized Screening Tools: Companies may use software or services that specialize in identity verification, such as background checks or immigration compliance tools. These tools help in detecting inconsistencies in personal data, employment history, and immigration records.
4. Cross-Check with USCIS Databases: Employers can utilize the U.S. Citizenship and Immigration Services (USCIS) E-Verify system to confirm that the candidate is authorized to work in the U.S. and that their visa status is current. This system also helps companies verify that the Social Security Number (SSN) provided by the candidate matches government records.
5. Evaluate Language and Skills: Genuine candidates should possess the skills and language proficiency needed for the job. Companies can conduct technical interviews, skills tests, or certifications to assess the candidate’s abilities. Sometimes, fraudulent candidates may inflate their skills or qualifications, so these evaluations provide an extra layer of verification.
6. Background Checks: A comprehensive background check is vital to confirm a candidate’s identity, criminal history, and work eligibility. For H-1B candidates, verifying that their immigration status is current and that they haven’t previously violated visa conditions is crucial.
7. In-Person or Video Interviews: Fraudulent candidates might send someone else to interviews or submit falsified documents. Conducting in-person or video interviews can help ensure that the person applying matches the credentials and qualifications presented in their application.

By adopting these rigorous verification processes, companies can reduce the risk of hiring fraudulent candidates and ensure they are selecting genuinely qualified individuals for H-1B sponsorship

How Candidates Can Prepare?

Candidates should prepare by gathering essential documents, such as proof of their education (degree certificates), previous employment, and any specialized experience. They should make sure that their job offer is for a role that qualifies as a “specialty occupation” under the H-1B criteria. Engaging with experienced immigration lawyers can be beneficial, as they help ensure that all documentation meets USCIS standards and avoids costly delays.

How to Verify if a Company is Genuine and Protect Against Misuse?

When seeking H-1B sponsorship, it’s essential for candidates to ensure that the company they are dealing with is legitimate and won’t misuse their services. Here are some steps you can take to verify if a company is genuine:

1. Research the Company’s Background: Check the company’s official website and ensure they have a valid online presence. Look for detailed information about their business, leadership, and history. Reputable companies will often have verifiable details, including physical office locations, phone numbers, and industry affiliations.
2. Check for H-1B History: Use the U.S. Department of Labor’s database to see if the company has a history of filing Labor Condition Applications (LCA) for H-1B petitions. Genuine companies will have a track record of H-1B sponsorships and will be listed in public government records.
3. Look for Reviews and Testimonials: Websites like Glassdoor or Indeed can provide insights into the company’s work culture and how they treat employees. Be cautious if a company has a history of negative reviews, particularly from foreign workers.
4. Verify Financial Stability: A legitimate company should have solid financial standing. You can request financial records or check if they are publicly listed. A financially unstable company may not be able to honor its commitments, leaving you vulnerable.
5. Consult with Current or Past Employees: Reach out to current or former employees via LinkedIn or other professional networks to ask about their experience. They can provide firsthand information about how the company treats its workers, especially those on H-1B visas.
6. Request Legal Documentation: Before accepting an offer, ask the company to provide legal documents, such as a formal job offer letter or details about the LCA they will file on your behalf. A reputable company will not hesitate to share this information.

Dos and Don’ts for the H-1B Process

Dos:

• Start preparing as early as possible, ideally months before the lottery registration opens.
• Ensure that the job offer is genuine and fits the “specialty occupation” criteria.
• For employers, confirm that the wage offered meets or exceeds the prevailing wage for the role.

Don’ts:

• Don’t fall for scams that promise guaranteed H-1B selection or ask for large fees upfront.
• Avoid submitting duplicate registrations for the same candidate, as USCIS has increased scrutiny and penalties for fraudulent filings

Avoiding Scams

The increase in demand for H-1B visas has led to an uptick in fraudulent activities. Candidates should be wary of agents or recruiters promising guaranteed visa approval or charging exorbitant fees. Employers should be cautious about third-party vendors that offer quick fixes or shortcut solutions. The best way to avoid these scams is to rely on verified legal assistance and to stay informed about the official USCIS procedures.

Legal Aid and the Importance of an Immigration Attorney

Given the complexities of the H-1B process, including strict deadlines, documentation requirements, and compliance with USCIS rules, companies and candidates should consider hiring an immigration attorney. Legal professionals can assist with drafting petitions, addressing Requests for Evidence (RFEs), and ensuring that all filings are accurate. They also help monitor policy changes that might affect the outcome of H-1B applications.

FAQs

When does the H-1B registration period start?

The registration for H-1B fiscal year 2026 will open in mid-March 2025.

What are the common reasons for H-1B application denials?

Common reasons include insufficient documentation, non-compliance with wage requirements, and incorrect job classification.

Can I work while waiting for my H-1B approval?

If you’re transferring an existing H-1B visa, yes. However, new applicants must wait until their H-1B is approved.

How can I avoid H-1B scams?

Use only trusted legal services and be cautious of anyone promising guaranteed selection or charging high fees.

What role does the Labor Condition Application (LCA) play in the H-1B process?

The LCA verifies that the employer will pay the prevailing wage and offer fair working conditions.

How can companies improve their chances in the H-1B lottery?

Start preparations early, ensure proper documentation, and consider cap-exempt positions if applicable.

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Disclaimer:

The information provided in this article is for general informational purposes only and does not constitute legal advice. While we strive to ensure the content is accurate and up-to-date, it is not a substitute for professional legal consultation. Immigration laws and regulations are subject to change, and their application can vary based on specific circumstances. We recommend scheduling a consultation with us to obtain advice tailored to your individual situation. The authors and publishers of this article are not responsible for any actions taken based on the information provided herein.