US Introduces New H-1B Visa Rules

Nitin Jacob

Feb 22 2024

<div style=' background:#FFFFFF;color:#000000;font-family:Verdana;width:auto;padding:5px;max-height:100%;'><span><p>The United States Citizenship and Immigration Services (USCIS) has introduced a new rule for the fiscal year 2025 (FY 2025) H-1B cap, aimed at bolstering the integrity of the H-1B registration process and reducing fraud risks. The rule implements a selection process focused on the beneficiary, ensuring fairness and equal opportunities for all beneficiaries, regardless of the number of registrations submitted on their behalf.&nbsp;</p><p>Under the new rule, registrations will be chosen based on unique beneficiaries, thereby minimizing the potential for fraud and ensuring an equal chance of selection for all. Beginning with the FY 2025 initial registration period, registrants will be required to provide valid passport or travel document information for each beneficiary. Furthermore, the final rule specifies requirements regarding the requested employment start date on certain H-1B cap subject petitions, permitting filing with start dates after October 1 of the relevant fiscal year.&nbsp;</p><p>Additionally, the rule formalizes USCIS' authority to deny or revoke H-1B petitions if the registration contains false attestation or is deemed invalid. USCIS has also announced a Fee Schedule final rule, which will take effect after the initial registration period for the FY 2025 H-1B cap. The initial registration period for the FY 2025 H-1B cap is set to commence on March 6, 2024, and will run through March 22, 2024.&nbsp;</p><p>Organizational accounts for collaboration on H-1B registrations, petitions, and associated forms will be established on February 28, 2024. Additionally, online filing options for Form I-129 and Form I-907 for non-cap H-1B petitions will be available from the same date. While paper Form I-129 H-1B petitions will still be accepted, online filing options will be introduced on April 1, 2024.&nbsp;</p><p>USCIS Director Ur M Jaddou expressed that these enhancements aim to make H-1B selections more equitable for both petitioners and beneficiaries, while also streamlining the H-1B process to be entirely electronic from registration to final decision. These reforms are intended to improve the overall H-1B program, enhancing its transparency, efficiency, and resilience against fraudulent activities.</p><span></div>

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