USCIS Announces Strengthened Integrity Measures for H-1B Program

USCIS has made several announcements concerning the upcoming fiscal year 2025 H-1B cap season. The agency has issued a final rule designed to “strengthen the integrity of and reduce the potential for fraud in the H-1B registration process.” USCIS has also announced the dates for the initial registration period as well as launching an online filing option for the H-1B cap cases (including Form I-129 and Form I-907).

Specifically, “the initial registration period for the FY 2025 H-1B cap will open at noon Eastern on March 6, 2024, and run through noon Eastern on March 22, 2024.” During this window, employers can submit electronic registrations for the prospective H-1B employees and pay the registration fee using their USCIS online account.

Under the final rule, H-1B selection process will adapt a “beneficiary-centric” approach, allowing the selections to be made by “unique beneficiary rather than by registration.” The purpose of this change is to cut down the “potential for fraud” and to guarantee each beneficiary a fair “chance of being selected, regardless of the number of registrations submitted on their behalf by an employer.” To accomplish this, USCIS will now require each registrant (beneficiary) to provide a valid passport or travel document during the registration process. The passport or travel document must be the document that will be presented at the U.S. port of entry by the registrant if or when abroad upon obtaining an H1B visa.

USCIS has also cleared up requisites which allow for certain H-1B cap subjected petitions to be filed “with requested start dates that are after Oct. 1 of the relevant fiscal year.”

Furthermore, “H-1B final rule codifies USCIS’ ability to deny or revoke H-1B petitions when the underlying registration contained a false attestation or was otherwise invalid …[, and the agency] may deny or revoke the approval of an H-1B petition if it determines that the … [registration fee] is declined, not reconciled, disputed, or otherwise invalid after submission.”

The new Fee Schedule final rule, also issued by USCIS, will go into effect April 1, 2024, which is after the H-1B registration period; therefore, March 2024 registration fee will still be $10.

Acceptance of online filings of Forms I-129 and I-907 will begin on April 1, 2024, for those who were selected in the H-1B lottery. Paper petitions will continue to be accepted as well; however, they will not be linked right away to the new organizational online accounts that have launched on February 28, 2024.

Please see the original article here for more details on multiple facets of the H-1B registration for fiscal year 2025.

Categories: Immigration Blog