the U.S. Citizenship and Immigration Services (USCIS) unveiled a final rule aimed at fortifying the integrity of the H-1B visa process, and registration system and mitigating the potential for fraud.
This initiative also ensures fairness by providing each beneficiary with an equal opportunity of selection, regardless of the number of registrations submitted on their behalf.
USCIS Director Emphasizes Integrity Enhancement
USCIS Director Ur M. Jaddou emphasized the agency’s commitment to fortifying integrity while streamlining application processes. “The improvements in these areas should make H-1B selections more equitable for petitioners and beneficiaries,” said Director Jaddou.
Key Highlights of the Final Rule
Beneficiary-Centric Selection Process: Registrations will now be selected based on unique beneficiaries rather than registrations, reducing fraud potential.
Start Date Flexibility: Certain petitions subject to the H-1B cap will have flexibility regarding the requested employment start date.
Additional Integrity Measures: The final rule adds more integrity measures related to the registration process, empowering USCIS to deny or revoke H-1B petitions in case of false attestations or invalid registrations.
Also Read: H-1B Holders Can Finally Renew Visas Within the US
Initial Registration Period for FY 2025 H-1B Cap
The initial registration period for the fiscal year 2025 H-1B cap will commence at noon Eastern on March 6, 2024, and will run through noon Eastern on March 22, 2024.
During this time, prospective petitioners must utilize a USCIS online account to register each beneficiary electronically for the selection process and pay the associated registration fee for each beneficiary.
Online Filing Option Introduced
USCIS will introduce an online filing option for Forms I-129, Petition for a Nonimmigrant Worker, and Form I-907, Request for Premium Processing Service, for H-1B petitioners. This option will streamline the process, enhancing efficiency and accessibility.
Making it Easier to Apply
- Online filing for H-1B petitions: Starting February 28th, file electronically!
- Organizational accounts: Multiple people within a company can collaborate on applications.
- Updated Form I-129: Available April 1st with all the latest changes.
Important Dates and Reminders
H-1B Cap Registration Period
March 6th to March 22nd, 2024 (noon Eastern): During this period, prospective petitioners must register each beneficiary electronically for the selection process and pay the associated registration fee for each beneficiary.
Organizational Accounts Launch
February 28th, 2024: USCIS will introduce organizational accounts, enabling collaboration among multiple individuals within an organization and their legal representatives to prepare H-1B registrations and petitions.
Online Filing for Non-Cap H-1B Petitions
February 28th, 2024: Beginning on this date, USCIS will launch online filing options for Forms I-129 and associated Form I-907 for non-cap H-1B petitions, enhancing accessibility and efficiency in the filing process.
Online Filing for Cap-Subject H-1B Petitions
April 1st, 2024 (for selected registrations): USCIS will commence accepting online filing for H-1B cap petitions and associated Forms I-907 for petitioners whose registrations have been selected, further streamlining the process for selected beneficiaries.
Conclusion
With these updates, USCIS aims to strengthen the integrity of the H-1B registration process, ensuring fairness and efficiency for petitioners and beneficiaries alike.
For more information on the H-1B Cap Season, visit the H-1B Cap Season webpage.
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