The U.S. Citizenship and Immigration Services (USCIS) has introduced a comprehensive update to the H-1B visa regulations, focusing on enhancing the registration process’s integrity and reducing fraud risks for the fiscal year 2025 (FY 2025) H-1B cap season. This update includes a transition to a beneficiary-focused selection approach, prioritizing equitable treatment and opportunity for each individual beneficiary, irrespective of the number of registrations filed on their behalf.
A key element of this new rule is the shift to selections based on unique beneficiaries. This change is aimed at minimizing fraud by ensuring that every registration has an equal chance of being selected. Beginning with the FY 2025 initial registration period, USCIS mandates that registrants provide either valid passport details or other valid travel document information for each beneficiary.
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Furthermore, the updated rule establishes clear guidelines for the requested employment start dates in specific petitions under the H-1B cap, permitting filings to request start dates beyond October 1 of the relevant fiscal year. It also empowers USCIS with the authority to reject or revoke H-1B petitions if registrations contain false attestations or are found to be invalid in other respects.
In conjunction with these changes, USCIS is rolling out a Fee Schedule final rule, set to take effect following the initial registration period for the FY 2025 H-1B cap. This period is slated to open on March 6, 2024, and run until March 22, 2024. Ahead of this, on February 28, 2024, USCIS will enable organizational accounts, facilitating collaboration on H-1B registrations, petitions, and associated forms.
Simultaneously, USCIS is introducing an online filing system for Form I-129 and Form I-907 for non-cap H-1B petitions, starting from the same date. While paper submissions of Form I-129 H-1B petitions will remain an option, the online filing system will be available from April 1, 2024.
USCIS Director Ur M Jaddou emphasized the benefits of these updates, stating, “These improvements are designed to make the H-1B selection process fairer for petitioners and beneficiaries and enable the entire H-1B process to be conducted electronically from registration to the final decision.” The goal of these changes is to refine the H-1B program, promoting transparency, efficiency, and a robust defense against fraudulent practices.
