The United States Unveils Overhaul to H1B Visa Registration Process

H1b visa Registration Process step by step guidance 

In a significant development, the United States has introduced a final rule aimed at fortifying the H1B visa system. This comprehensive overhaul seeks to combat fraud, streamline processes, and enhance the integrity of a program widely utilized by U.S. companies, particularly in the technology sector. The announcement comes with a commitment from USCIS Director Ur M. Jaddou to bolster integrity and streamline application processes.

Enhancing Equitability: A Beneficiary-Centric Approach

One of the key features of the final rule is the adoption of a beneficiary-centric selection process for H-1B registrations. This departure from the previous system is designed to reduce the potential for gaming the system and ensure a fair chance of selection for each beneficiary. Registrations will now be selected based on unique beneficiaries rather than the sheer number of registrations submitted on their behalf. Starting from the fiscal year 2025 registration period, registrants must provide valid passport or travel document information for each beneficiary.

Combatting Fraud: Empowering USCIS with New Authority

The final rule also grants USCIS the authority to deny or revoke H-1B petitions with false attestations or invalid registrations. Additionally, petition approvals may be denied or revoked if the associated registration fee is declined, not reconciled, disputed, or found otherwise invalid after submission. This marks a proactive step in addressing potential fraudulent activities within the H-1B visa system.

Flexibility and Alignment: Adjustments to Employment Start Dates

USCIS introduces flexibility regarding the requested employment start date on certain petitions subject to the congressionally mandated H-1B cap. This allows filing with requested start dates after October 1 of the relevant fiscal year, aligning with existing policy. Such flexibility accommodates the dynamic nature of employment requirements and start dates.

Financial Considerations: Fee Schedule Final Rule

The Fee Schedule final rule, effective post the initial registration period for the FY 2025 H-1B cap, maintains the registration fee at $10 during the March 2024 registration period. However, it’s essential to note that a filing fee increase for Form I-907 will take effect on February 26, 2024, to account for inflation. This underscores the importance of staying updated on fee adjustments in the immigration process.

Preparing for the FY 2025 H-1B Season: A Digital Approach

The fiscal year 2025 H-1B cap season is set to commence with the initial registration period opening on March 6, 2024 and concluding on March 22, 2024. USCIS encourages prospective petitioners to leverage their online accounts for registering each beneficiary during this period. In a bid to enhance collaboration, USCIS introduces new organizational accounts for managing H-1B registrations, petitions, and associated forms. Commencing from February 28, 2024, the online submission process for Form I-129 and its associated Form I-907, applicable to non-cap H-1B petitions, will be initiated. For petitioners with selected registrations, online filing for H-1B cap petitions and associated forms begins on April 1, 2024.

Conclusion:

As the United States ushers in these changes to the H-1B visa registration process, the emphasis is on efficiency, equitability, and combating potential fraud. The beneficiary-centric approach represents a paradigm shift, aiming to ensure fairness in the selection process. With a fully electronic system from registration to petition transmission, this overhaul aligns with the ever-evolving dynamics of immigration processes. As the FY 2025 H-1B season approaches, prospective petitioners are encouraged to embrace the online filing system for its efficiency and to navigate the evolving landscape of U.S. immigration.