The US Citizenship and Immigration Services (USCIS) has implemented a final rule for the fiscal year 2025 (FY 2025) H-1B cap, aimed at fortifying the integrity of the registration process and mitigating fraud risks.
The new rule employs a beneficiary-centric selection method, ensuring fairness and equal opportunities for all beneficiaries, regardless of the number of registrations submitted on their behalf.
Under this approach, selections will be based on unique beneficiaries, reducing the potential for fraud and ensuring an equitable chance of selection for all registrations. Starting from the FY 2025 initial registration period, registrants must furnish valid passport or travel document information for each beneficiary.
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The final rule brings clarity to employment start date requirements on specific petitions under the H-1B cap, allowing filings with requested start dates after October 1 of the corresponding fiscal year. USCIS is empowered to deny or revoke H-1B petitions if registrations include false attestations or are otherwise deemed invalid.
Additionally, a Fee Schedule final rule, effective after the initial registration period for the FY 2025 H-1B cap, has been introduced by USCIS.
The initial registration period for FY 2025 H-1B cap begins on March 6, 2024, and extends through March 22, 2024. Organizational accounts will be introduced on February 28, 2024, to facilitate collaboration on H-1B registrations, petitions, and related forms.
Online filing of Form I-129 and Form I-907 for non-cap H-1B petitions will commence on February 28, 2024. While paper Form I-129 H-1B petitions are still accepted, online filing options will be available starting April 1, 2024.
USCIS Director Ur M Jaddou states, “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.”
These changes aim to make the H-1B program better by improving transparency and efficiency and making it more resistant to fraudulent activities.