In an effort to fortify the integrity of the H-1B registration process and mitigate fraud risks, the US Citizenship and Immigration Services (USCIS) has implemented a final rule for the fiscal year 2025 (FY 2025) H-1B cap.
The newly enacted rule adopts a beneficiary-centric selection process, aimed at fostering fairness and equal opportunities for all beneficiaries, regardless of the number of registrations submitted on their behalf.
Under this rule, selections will be based on unique beneficiaries, thereby minimizing the potential for fraud and ensuring an equal chance of selection for all registrations.
Commencing from the FY 2025 initial registration period, USCIS mandates registrants to provide valid passport information or valid travel document information for each beneficiary.
Furthermore, the final rule offers clarity on requirements for the requested employment start date on specific petitions under the H-1B cap, allowing filings with requested start dates after October 1 of the corresponding fiscal year.
The rule also empowers USCIS to deny or revoke H-1B petitions if the registration includes false attestations or is otherwise deemed invalid. Additionally, USCIS has introduced a Fee Schedule final rule, effective after the initial registration period for the FY 2025 H-1B cap.
The initial registration period for the FY 2025 H-1B cap is slated to commence on March 6, 2024, and extend through March 22, 2024. USCIS will introduce organizational accounts on February 28, 2024, facilitating collaboration on H-1B registrations, petitions, and related forms.
Furthermore, online filing of Form I-129 and Form I-907 for non-cap H-1B petitions will commence on the same date. While petitioners can still submit paper Form I-129 H-1B petitions, online filing options will be accessible starting April 1, 2024.
USCIS Director Ur M Jaddou remarked, “The improvements in these areas should make H-1B selections more equitable for petitioners and beneficiaries and will allow for the H-1B process to be fully electronic from registration until final decision.”
These reforms are designed to enhance the H-1B program by augmenting transparency, efficiency, and resilience against fraudulent activities.
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