To bolster the credibility of the H-1B registration process and mitigate the risk of fraud, the US Citizenship and Immigration Services (USCIS) has implemented a final rule for the fiscal year 2025 (FY 2025) H-1B cap.
This new rule adopts a beneficiary-focused selection process to ensure fairness and equal opportunities for all beneficiaries, regardless of the number of registrations submitted on their behalf.
Selections under the new rule will be based on individual beneficiaries to reduce the potential for fraud and ensure an equal chance of selection for all registrations.
Starting from the initial registration period for FY 2025, USCIS will require registrants to furnish valid passport information or valid travel document information for each beneficiary.
The final rule clarifies the 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 grants USCIS the authority to deny or revoke H-1B petitions if the registration contains false attestations or is deemed otherwise 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 scheduled to commence on March 6, 2024, and will run through March 22, 2024. Organizational accounts for collaboration on H-1B registrations, petitions, and related forms will be introduced on February 28, 2024.
Online filing of Form I-129 and Form I-907 for non-cap H-1B petitions will begin on the same date. Although petitioners can still submit paper Form I-129 H-1B petitions, online filing options will be available starting April 1, 2024.
USCIS Director Ur M. Jaddou stated, "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."
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