H-1B Cap Season Intake Checklist for Immigration Law Firms

H-1B cap season compresses months of work into weeks. Registration windows are short. Selection notifications arrive without much lead time. Petitions must be filed within tight deadlines after selection. Firms that wait until registration opens to collect employer and beneficiary data start behind.

The intake work that matters most happens before the first registration is submitted. This checklist covers the data, documents, and account setup your firm should complete in advance. Rules and fees change—always confirm current requirements on USCIS.gov before filing.

Use this as a matter-level readiness template. Every cap case should show what is collected, what is verified, and what still blocks registration or petition filing.

Before registration: employer and petitioner data

USCIS employer accounts and H-1B registrations require accurate legal entity information. Collect and verify this data before cap season, not during the registration window.

• Legal name of the petitioning employer exactly as registered with federal agencies.
• Employer Identification Number (FEIN).
• Primary U.S. office address.
• Authorized signatory name, title, email, and phone.
• NAICS code and number of employees (if required for the registration).
• Confirmation that the employer has not previously been barred from the H-1B program.

For firms handling multiple related entities, confirm which legal entity will serve as the petitioner for each beneficiary. Entity mismatches between registration and petition cause preventable delays.

Beneficiary information for registration

Each registration requires specific beneficiary data. Missing or incorrect entries can invalidate a registration or create duplicate-registration risk.

• Full legal name as it appears on the passport.
• Date of birth.
• Country of birth and country of citizenship.
• Passport number and passport expiration date.
• Gender (as required by the registration form).
• Confirmation of cap-subject vs. cap-exempt status.
• Confirmation the beneficiary has not been registered by another employer for the same cap year.

Passport validity matters beyond registration. If a passport expires before the requested H-1B validity period, renewal should begin during intake—not after selection.

Passport and identity document review

Collect beneficiary passport biographical pages early and verify:

• Name spelling matches all other identity documents and prior immigration records.
• Passport is valid through at least six months beyond the intended H-1B start date (consular and entry requirements may vary).
• Prior U.S. visa stamps and I-94 records are collected if the beneficiary has U.S. travel history.
• Any name changes are documented with supporting legal records.

Discrepancies between passport data and registration entries are a common source of RFEs and consular delays. Resolve them during intake.

Job offer and wage level data

Registration and petition preparation both depend on accurate position and wage information. Collect employer-side job data before registration when possible.

• Proposed job title and SOC code.
• Worksite address(es)—including third-party placements if applicable.
• Proposed start date and requested period of stay.
• Full-time vs. part-time status.
• Offered wage and wage unit (hourly, annual).
• Prevailing wage determination or OEWS wage level assignment.

For FY 2027 cap registrations, USCIS has implemented a weighted selection process that considers wage levels based on OEWS data. The final rule became effective in February 2026. Higher wage levels receive greater weight in the selection lottery. This makes accurate wage level determination during intake more important than in prior years.

Confirm the prevailing wage source, SOC code match, and wage level before submitting registration. Incorrect wage data can affect selection probability and creates petition-stage compliance risk. Check USCIS and DOL guidance for the current cap year before relying on prior-year wage determinations.

Registration fee and payment setup

USCIS charges a registration fee for each beneficiary registered. As of the FY 2027 cap season, the H-1B registration fee is $215 per beneficiary. Fees and payment methods change—verify the current amount on USCIS.gov before the registration period opens.

• Confirm the employer or firm has a valid USCIS online account with payment method on file.
• Budget registration fees across all cap-subject beneficiaries before the window opens.
• Establish internal approval for fee payment if the firm advances registration costs.
• Track payment confirmation for each submitted registration.

Failed payments or account issues during the registration window are avoidable with advance setup. Test account access before cap season, not on the first day registrations open.

USCIS organizational account setup

H-1B registrations are submitted through USCIS online accounts. Firms and employers need organizational accounts configured before registration day.

• Create or verify the employer's USCIS organizational account.
• Add authorized users (attorneys, paralegals, HR contacts) with appropriate roles.
• Confirm account verification steps are complete—unverified accounts cannot submit registrations.
• Document which team members have submission authority vs. view-only access.
• Test login and navigation before the registration window.

Account setup delays are one of the most common preventable problems on the first day of registration. Treat account readiness as part of intake, not a filing-day task.

Duplicate registration prevention

USCIS prohibits multiple registrations for the same beneficiary by related entities in the same cap year. Duplicate registrations can lead to invalidation and potential bars.

• Confirm whether the beneficiary has been registered by another employer or related entity.
• Document the petitioning entity decision when multiple affiliated companies exist.
• Coordinate across firm teams so the same beneficiary is not registered twice internally.
• Maintain a cap-year registry of all beneficiaries registered—across clients and matters.

For firms handling large corporate clients with multiple subsidiaries, duplicate prevention requires firm-wide visibility, not just matter-level tracking.

Post-selection petition intake

If a beneficiary is selected, a separate intake phase begins immediately. Collect petition-stage documents in parallel with registration prep where possible:

• Beneficiary education credentials and evaluations.
• Employment offer letter and job description.
• Employer support letter inputs and organizational charts.
• LCA preparation data (wage, worksite, period of employment).
• Prior immigration history documentation.
• Dependent information if H-4 filings are anticipated.

Final thought

Cap season punishes firms that treat intake as a filing-day activity. The checklist above is not exhaustive—USCIS rules, fees, and selection processes change. But firms that collect employer data, verify beneficiary documents, confirm wage levels, set up accounts, and prevent duplicate registrations before registration opens operate with less chaos and fewer preventable errors.

See how this connects to AI immigration drafting software and intake vs. drafting automation strategy.