The US Citizenship and Immigration Services (USCIS) recently issued a new final regulation to improve the H-1B visa's integrity and lessen the possibility of fraud throughout the registration process.

The USCIS also hopes to lessen the possibility of fraud during the H-1B registration process by implementing the new rule. This will ensure that every beneficiary has an equal chance of being chosen regardless of the number of registrations filed on their behalf.

Highlights of the New H-1B Rule 

• USCIS has announced several reforms that will make the H-1B lottery & selection process more equal and "beneficiary-centric" to eliminate potential fraud during H-1B registration.

• Selections made under the new procedure will be based on only some registrants but on specific beneficiaries. This revised strategy attempts to reduce the possibility of fraud. It guarantees that each beneficiary has an equal chance of being chosen, irrespective of the number of registrations an employer submits on their behalf. 
• Beginning in 2025, beneficiary-centric selectionfor the H-1B lottery will also need to provide information from a valid passport or travel document, according to USCIS.

The US Citizenship and Immigration Services also announced in a statement the dates of the first registration period for the fiscal year 2025 H-1B cap and the availability of an online filing option for H-1B dependents submitting Forms l-129, Petition for a Nonimmigrant Worker & Form l-907, Requests for Premium Processing Service.

Why These New Modifications?

The purpose of the new modifications is to narrow the beneficiary-centric selectionprocess to meet their needs better. Additionally, it creates start date flexibility for some required petitions under the H-1B ceiling. The regulation also contains steps intended to improve the integrity of the H-1B registration procedure.

Unique beneficiaries will choose registrations instead of registrations under the beneficiary-centric method.

Additionally, the U.S. Citizenship and Immigration Service has clarified that some petitions that fall under the H-1B cap set by Congress may now be filed with job start dates after October 1 of the relevant fiscal year, following current practice.

The final rule also formalises the USCIS's authority to reject or cancel petitions in cases where the initial registration was illegal or contained a false attestation.

The Fee Schedule final regulation, which will go into effect following the initial registration period for the fiscal year 2025 H-1B cap, was also announced by the USCIS. It highlights that the $10 registration price will not change throughout the registration period, which starts in March 2024.

FAQs

What is the primary purpose of the new H-1B visa program regulations?

The primary objectives of the new regulations are to:

• Reduce fraud potential: The USCIS aims to deter and identify fraudulent activities within the registration system by implementing a beneficiary-centric selection process and requiring valid passport information.
• Ensure fairness and equal opportunity: The new selection process prioritises individual beneficiaries over the number of registrations submitted on their behalf, granting everyone an equal chance of selection regardless of employer efforts.
• Enhance program integrity: The regulations empower the USCIS to reject or cancel petitions associated with fraudulent registrations, safeguarding the program's intended purpose of attracting qualified foreign workers.

How does the "beneficiary-centric" selection process work?

Previously, H-1B selections were based on the total number of registrations submitted for each individual. Under the new system, selections will be made based on the unique beneficiaries themselves, regardless of how many registrations their employer files. This shift ensures that every beneficiary has a fair and independent chance of being chosen.

When does the beneficiary-centric selection process take effect?

The beneficiary-centric selection process will apply to registrations submitted for the fiscal year 2025 H-1B cap onwards, starting in March 2024.

What are the eligibility requirements for the H-1B visa program under the new regulations?

The eligibility requirements for the H-1B visa program remain essentially unchanged. However, starting in 2025, all beneficiaries enrolling in the lottery must submit valid passport or travel document information during registration. This additional step helps prevent duplicate registrations and strengthens the integrity of the selection process.

How do the new regulations impact H-1B visa petition filing procedures?

The new rule introduces two critical changes to petition filing procedures:

• Start date flexibility: Employers can now file petitions for H-1B visa holders with job start dates after October 1st of the relevant fiscal year, offering more flexibility in accommodating project timelines and individual needs.
• Enhanced authority for USCIS: The USCIS now has the authority to reject or cancel petitions where the initial registration was found to be fraudulent or contained false information. This strengthens the agency's ability to ensure program compliance and deter fraudulent activities.