Final Rule to Enhance Integrity Measures for H1B Visa Program

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In a significant move, U.S. Citizenship and Immigration Services (USCIS) has announced a final rule aimed at fortifying the integrity of the H-1B registration process. The comprehensive rule addresses concerns related to potential fraud, introduces a beneficiary-centric selection process, and incorporates measures to streamline application processes.

USCIS Director Ur M. Jaddou emphasized the agency’s commitment to integrity and efficiency: “We continuously seek methods to enhance integrity, mitigate fraud, and refine our application processes. The final rule incorporates multiple provisions, each crafted to instigate positive transformations within the H-1B program.

The beneficiary-centric selection process is a notable feature of the final rule, where registrations will be selected based on unique beneficiaries rather than registration volumes. This innovative approach aims to minimize the potential for fraud, ensuring fairness in the selection process for each beneficiary, regardless of the number of registrations submitted by an employer.

Commencing from the initial registration period for Fiscal Year 2025, USCIS will require registrants to furnish valid passport or travel document details for every beneficiary. This information must align with the document the beneficiary intends to use when entering the United States with an H-1B visa. Each beneficiary should be registered under only one passport or travel document.

The final rule also introduces flexibility regarding requested employment start dates for certain petitions subject to the H-1B cap, allowing filing with start dates after Oct. 1 of the relevant fiscal year. Additionally, USCIS is now empowered to deny or revoke H-1B petitions if the underlying registration contained false information or was otherwise invalid.

With the introduction of the Fee Schedule final rule, USCIS affirms that the registration fee for the FY 2025 H-1B cap, during the registration period starting in March 2024, will remain at $10. A new edition of Form I-129 reflecting changes from the final rule will be available on April 1, 2024.

The rule, building on proposals from the Oct. 23, 2023, Notice of Proposed Rulemaking, emphasizes USCIS’s commitment to enhancing the H-1B program’s integrity and fairness. The agency also announced the opening of the initial registration period for the FY 2025 H-1B cap from March 6 to March 22, 2024.

Moreover, on February 28, 2024, USCIS launches new organizational accounts, facilitating collaborative efforts for H-1B registrations, petitions, and related forms. Online filing for Form I-129 and Form I-907 for non-cap H-1B petitions will commence on the same date, with H-1B cap petitions accepted online from April 1, 2024.

While petitioners retain the option to file paper forms, the online filing system aims to streamline processes and enhance efficiency. The USCIS encourages stakeholders to stay informed about the latest changes and deadlines during this dynamic period of transition.