H-1B visa application process: US announces changes

The US Citizenship and Immigration Services (USCIS) has introduced a new rule to enhance the fairness and integrity of the H-1B registration process, effective from the Fiscal Year 2025 (FY 2025) H-1B cap. This rule focuses on a beneficiary-centric selection process, aiming to provide equal opportunities to all beneficiaries irrespective of the number of registrations submitted on their behalf.

Under the updated rule, registrations will be chosen based on unique beneficiaries rather than the quantity of registrations. This change aims to minimize the risk of fraud and ensure a level playing field for all beneficiaries. Starting from the FY 2025 initial registration period, registrants will need to furnish valid passport or travel document information for each beneficiary.

The final rule also clarifies requirements for the requested employment start date on certain H-1B cap petitions, allowing filings with start dates after October 1 of the relevant fiscal year. Additionally, USCIS has launched an online filing option for Forms I-129 and I-907 for H-1B petitioners.

The beneficiary-centric process means registrations are selected based on unique beneficiaries, requiring valid passport or travel document information for each beneficiary. USCIS also has the authority to deny or revoke H-1B petitions if the underlying registration contains false information or is otherwise invalid.

The Fee Schedule final rule, set to go into effect after the FY 2025 H-1B cap initial registration period, maintains the registration fee at $10 during the March 2024 registration period.

Prospective petitioners and their representatives must use a USCIS online account to electronically register each beneficiary during the initial registration period for the FY 2025 H-1B cap, open from March 6, 2024, to March 22, 2024.

The H-1B program, crucial for skilled foreign workers contributing to the US economy, has faced scrutiny for potential fraud and abuse. This rule aims to address these concerns, reinforcing the program's integrity.