On January 30, 2024, the U.S. Citizenship and Immigration Services (USCIS) announced a final rule to strengthen the integrity of and reduce the potential for fraud in the H-1B registration process, including by reducing the potential for gaming the registration system and ensuring each beneficiary would have the same chance of being selected, regardless of the number of registrations submitted on their behalf.
USCIS also announced the initial registration period dates for the fiscal year (FY) 2025 H-1B cap, and the launch of an online filing option for Forms I-129, Petition for a Nonimmigrant Worker, and Form I-907, Request for Premium Processing Service, for H-1B petitioners.
Highlights of this final rule include:
A beneficiary-centric selection process for registrations by employers - Under the beneficiary centric process, registrations will be selected by unique beneficiary rather than by registration. This new process is designed to reduce the potential for fraud and ensure each beneficiary would have the same chance of being selected, regardless of the number of registrations submitted on their behalf by an employer.
Codifies previous guidance on mandated start dates on the submitted H-1B petition for cap-subject cases selected in the lottery.
Ensures the USCIS’ ability to deny or revoke H-1B’s for false attestations made in the registration process.
The USCIS also announced the FY2025 H-1B Cap initial registration period will open at noon EST on March 6, 2024 and run through noon EST on March 22, 2024 and the fee shall remain at $10 per registered beneficiary.
On Feb. 28, 2024, the USCIS will launch the previously announced new organizational accounts in the USCIS online account website that will allow multiple people within an organization and their legal representatives to collaborate on and prepare H-1B registrations, H-1B petitions, and any associated Form I-907 for electronic submission as opposed to paper-based filings (which shall remain an option).
For more information, please see the USCIS press release below.