The United States Citizenship and Immigration Services (USCIS) has introduced a comprehensive set of integrity measures and selection criteria for the H-1B visa program, effective from the fiscal year 2025 (FY 2025) cap. The newly implemented rule emphasizes a beneficiary-centric selection process, aiming to foster fairness and equal opportunities for all beneficiaries. Under this approach, registrations will be chosen based on unique beneficiaries rather than the quantity of submissions, significantly reducing the potential for fraud. Starting from the FY 2025 initial registration period, USCIS requires registrants to furnish valid passport or travel document information for each beneficiary, enhancing the overall security and integrity of the H-1B program.
The final rule also clarifies requirements related to the requested employment start date for certain petitions subject to the H-1B cap, allowing filings with requested start dates after October 1 of the relevant fiscal year. Additionally, the USCIS has introduced an online filing option for Forms I-129, Petition for a Nonimmigrant Worker, and Form I-907, Request for Premium Processing Service, streamlining the petitioning process for H-1B applicants.
The H-1B Registration final rule not only establishes a beneficiary-centric approach but also incorporates provisions to deny or revoke H-1B petitions in cases of false attestation or other invalidities. USCIS may further deny or revoke approval if the associated registration fee is declined, not reconciled, disputed, or deemed invalid post-submission. To ensure transparency, USCIS has announced the Fee Schedule final rule, effective after the initial registration period for FY 2025 H-1B cap.
Prospective petitioners can mark their calendars, as the initial registration period for the FY 2025 H-1B cap is set to open on March 6, 2024, and will run through March 22, 2024. During this period, applicants must utilize a USCIS online account to electronically register each beneficiary for the selection process and pay the required registration fee. This significant update to the H-1B program aims to enhance its integrity, address concerns related to fraud and abuse, and maintain the program’s importance as a pathway for skilled foreign workers to contribute to the US economy.
Source: MSN
