The  U.S. Citizenship and Immigration Services (USCIS) recently announced significant changes to the H-1B visa program, aiming for a more equitable and efficient process for both employers and beneficiaries.  

This blog discusses the key updates from USCIS, including strengthened integrity measures and important details for the FY 2025 H-1B cap registration.  

Enhanced Integrity Measures

One Beneficiary, One Chance: Say goodbye to gaming the system! USCIS informs that registrations will be capped per unique beneficiary. This means each individual will have an equal shot at being selected for the H-1B lottery, regardless of how many times employers register them.

Valid Passport Information: Starting with FY 2025, registrants must provide valid passport or travel document details for each beneficiary, ensuring clarity and reducing inconsistencies.

• Clearer Start Date Rules: Employers now have greater flexibility to request start dates beyond October 1st of the relevant fiscal year, aligning with current practice.
• Stronger Enforcement: USCIS can deny or revoke petitions based on false registrations or invalid fees, deterring misuse and upholding program integrity.    

Note: The approval may be denied or revoked if the registration fee is declined, not reconciled, disputed, or deemed invalid after submission.  

Smoother Online Filing

• Organizational Accounts: Launching February 28th, these accounts allow teams within companies to collaborate on H-1B registrations and petitions seamlessly.
• E-filing for H-1B Petitions: Good news! H-1B petitions (both cap and non-cap) and associated premium processing requests can now be filed electronically starting February 28th for non-cap cases and April 1st for cap cases.
• Flexibility for Paper Filers: While online filing is encouraged, petitioners can still opt for paper submissions.  

Note: Petitioners opting for paper filing of Form I-129 H-1B petitions, and Form I-907 retain that option. However, users will not be able to link paper-filed forms to their online accounts during the initial launch of organizational accounts.

Fee Schedule Update

A new edition of Form I-129 reflecting the changes from the H-1B Registration final rule and Fee Schedule final rule will be available for preview on uscis.gov with an edition date of 04/01/24. From April 1, 2024, onwards, only the 04/01/24 edition of Form I-129 will be accepted.  

Also, there was anticipation of an increase in the H-1B Electronic Registration Fee from $10 to $215; however, for the FY 2025 H-1B cap, the registration fee will continue to be $10 during the March 2024 registration period.

Dates to Remember

• FY 2025 H-1B Cap Registration: March 6th - March 22nd, 2024 (noon Eastern)
• Organizational Account Launch: February 28th, 2024
• Online Filing Launch (Non-Cap): February 28th, 2024
• Online Filing Launch (Cap): April 1st, 2024
• New Form I-129 Edition Available: April 1st, 2024 (mandatory for filings)

Summing Up  

The USCIS has made significant announcements, introducing a final rule to reinforce the integrity of the H-1B registration process and reduce the potential for fraud. The beneficiary-centric selection process is a key feature of the final rule, designed to minimize fraud and ensure fair chances for all beneficiaries. Starting with the FY 2025 registration period, registrants must provide valid passport or travel document information for each beneficiary, aligning with the document the beneficiary intends to use for entering the U.S. under an H-1B visa.

For more information on these updates and the H-1B visa, visit the H-1B Cap Season webpage.  

As USCIS paves the way for a more transparent and secure H-1B program, OnBlick ensures you stay informed at every step.

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