USCIS Announces Key Changes to H1B Visa Application Process for Fiscal Year 2025

H1B Visa Application Process

The United States Citizenship and Immigration Services (USCIS) has recently unveiled significant updates to the H1B visa application process for the fiscal year 2025. The announcement, coinciding with a major redesign of the annual lottery for this specialized employment visa, introduces several crucial modifications aimed at enhancing the integrity of the system and reducing the potential for fraud.

Key Points to Note:

Registration Period Details:

The USCIS has set the initial registration period for the fiscal 2025 H-1B cap from March 6 to March 22. Prospective petitioners must utilize the USCIS online account to electronically register each beneficiary for the selection process during this time.

Account Opening for Companies:

Starting from February 28, companies are permitted to open accounts, facilitating the initiation and completion of the registration process.

Passport Information Requirement:

Beginning with fiscal year 2025, which commences on October 1, 2024, USCIS will mandate registrants to provide valid passport information or valid travel document information for each beneficiary during the initial registration period.

Beneficiary-Centric Selection Process:

The new system introduces a beneficiary-centric selection process for registrations by employers, aiming to streamline the application process.

Individualized Application Count:

In a departure from the past, where multiple applications by an individual often led to abuse and fraud, H-1B visa applications will now be counted and accepted based on individual applicants. Even if an individual files multiple applications for various companies, they will be treated as one application based on personal credentials like passport numbers.

USCIS Rules for Integrity Enhancement:

USCIS has announced a set of new rules specifically designed to strengthen the integrity of and reduce the potential for fraud in the H-1B registration process. These rules aim to reduce the potential for gaming the registration system and ensure equal chances for all beneficiaries.

Final Rule Provisions:

The final rule contains provisions that create a beneficiary-centric selection process for registrations by employers, codify start date flexibility for certain petitions subject to the congressionally mandated H-1B cap, and incorporate additional measures to enhance the integrity of the registration process.

Authority to Reject or Cancel Petitions:

Furthermore, the H-1B final rule formalizes USCIS’s authority to reject or cancel H-1B petitions in cases where the underlying registration was void or contained a fraudulent attestation. According to the new regulation, USCIS reserves the right to reject or revoke the approval of an H-1B petition if it determines that the registration fee was rejected, not reconciled, contested, or deemed otherwise illegal subsequent to the submission of the petition.

Conclusion:

These updates mark a significant shift in the H-1B visa application process, with a focus on transparency, fairness, and integrity. Prospective applicants and employers should familiarize themselves with these changes to ensure compliance and a smoother application process for the upcoming fiscal year.