Enhancing the integrity of the H-1B registration process in 2024

The U.S. Citizenship and Immigration Services (USCIS) has unveiled a final rule aimed at enhancing the integrity of the H-1B registration process and minimizing the potential for fraud. The rule focuses on creating a beneficiary-centric selection process, reducing the risk of gaming the system, and ensuring equitable chances for all beneficiaries. USCIS Director Ur M. Jaddou emphasized the agency’s commitment to improving processes while curbing fraud. The final rule mandates registrants to provide valid passport information for each beneficiary during the registration period, starting with the fiscal year 2025 H-1B cap.

Under the new beneficiary-centric process, registrations will be selected based on individual beneficiaries rather than the number of registrations submitted by an employer. USCIS aims to reduce fraud by requiring each beneficiary to be registered under only one passport or travel document. The final rule also introduces flexibility regarding the requested employment start date for certain petitions subject to the H-1B cap, allowing filings with start dates after October 1 of the relevant fiscal year. Additionally, USCIS now has the authority to deny or revoke H-1B petitions if the underlying registration contains false information or if the associated registration fee is invalid.

The USCIS has announced the opening of the initial registration period for the fiscal year 2025 H-1B cap, starting at noon Eastern on March 6, 2024, and ending at noon Eastern on March 22, 2024. Prospective petitioners must use a USCIS online account to electronically register beneficiaries for the selection process during this period. The agency has also introduced organizational accounts, allowing collaboration on H-1B registrations, petitions, and associated Form I-907 within an organization.

Starting February 28, 2024, USCIS will launch online filing for Form I-129 and associated Form I-907 for non-cap H-1B petitions. On April 1, 2024, online filing for H-1B cap petitions and associated Forms I-907 will begin for selected registrations. While petitioners retain the option to file paper forms, USCIS encourages online filing for efficiency. Notably, a fee adjustment for Form I-907 will take effect on February 26, 2024, with rejected submissions for incorrect fees received after this date. The USCIS website will soon preview the new edition of Form I-129, reflecting changes from the H-1B Registration final rule and Fee Schedule final rule.

Explore more on: USCIS Announces Strengthened Integrity Measures for H-1B Program | USCIS