Advancing Integrity and Efficiency: USCIS Announces Strengthened Measures for H-1B Program and FY 2025 Cap Registration

The U.S. Citizenship and Immigration Services (USCIS) is introducing significant changes to enhance the integrity and efficiency of the H-1B program. This blog post provides insights into the final rule introduced by USCIS and outlines essential details regarding the FY 2025 H-1B cap registration period, along with the introduction of online filing options for Forms I-129 and I-907. Whether you are an employer, a prospective petitioner, or an immigration enthusiast, staying informed about these updates is crucial. Let's explore the transformative measures set to reshape the H-1B landscape.

H-1B Registration Final Rule

Beneficiary-Centric Selection Process: The final rule brings forth a beneficiary-centric selection process for registrations, prioritizing unique beneficiaries over registration quantity. This shift minimizes the potential for fraud, ensuring an equitable chance of selection for each beneficiary. Starting from the FY 2025 registration period, registrants must provide valid passport or travel document information for each beneficiary.

Start Date Flexibility and Integrity Measures: USCIS is introducing start date flexibility for certain petitions under the H-1B cap, allowing filing with requested start dates after October 1 of the relevant fiscal year. Additionally, the final rule solidifies USCIS' authority to deny or revoke H-1B petitions if the underlying registration contains false attestations or is otherwise invalid. The rule further empowers USCIS to deny or revoke H-1B petition approval in case of declined, unreconciled, disputed, or invalid registration fees.

Fee Schedule Final Rule: USCIS has announced the Fee Schedule final rule, effective after the initial registration period for FY 2025 H-1B cap. The registration fee during the March 2024 registration period remains $10.

FY 2025 H-1B Cap Initial Registration Period

The initial registration period for the FY 2025 H-1B cap will commence at noon Eastern on March 6, 2024, and conclude at noon Eastern on March 22, 2024. Prospective petitioners must use a USCIS online account to register each beneficiary electronically during this period and pay the associated registration fee.

Organizational Accounts and Online Filing

On Feb. 28, 2024, USCIS will launch organizational accounts, enabling collaboration on H-1B registrations, petitions, and associated Form I-907. Online filing for Form I-129 and associated Form I-907 for non-cap H-1B petitions will also commence on Feb. 28. From April 1, USCIS will accept online filing for H-1B cap petitions and associated Forms I-907 for selected registrations.

While petitioners retain the option of filing paper forms, the introduction of organizational accounts enhances the efficiency of collaboration. It's noteworthy that, during the initial launch of organizational accounts, users cannot link paper-filed forms to their online accounts.

USCIS' proactive approach to fortify the H-1B program and streamline processes demonstrates a commitment to integrity and efficiency. Employers, legal representatives, and prospective beneficiaries are encouraged to familiarize themselves with the new beneficiary-centric selection process, registration requirements, and online filing options. As the FY 2025 H-1B cap registration period approaches, stakeholders should stay abreast of USCIS announcements and leverage the evolving online capabilities for a smoother immigration journey.

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