The U.S. Citizenship and Immigration Services (USCIS) has taken a significant step towards solidifying the H-1B visa program's integrity and efficiency by announcing a new final rule. This comprehensive action, encompassing beneficiary-centric selection, online filing options, and enhanced measures against fraud, aims to create a fairer and more streamlined experience for petitioners and beneficiaries.

Key Highlights of the New Rule

• Fairer Selection Process

Moving away from a registration-based approach, the focus now shifts to individual beneficiaries. Each beneficiary will have an equal chance of selection, regardless of the number of registrations submitted on their behalf. This ensures a more equitable and merit-based system.

• Enhanced Registration Integrity

 Registrants must now provide accurate and valid passport or travel document information for each beneficiary. This step helps prevent fraudulent registrations and strengthens the overall integrity of the process.

• Flexibility in Start Dates

Petitioners can now file petitions with employment start dates after October 1st of the relevant fiscal year for certain cap-subject petitions, aligning with existing policies and offering greater flexibility.

• Streamlined Online Filing

The introduction of online filing options for Forms I-129 (Petition for a Nonimmigrant Worker) and I-907 (Request for Premium Processing Service) significantly improves efficiency and convenience for petitioners.

• Stronger Enforcement

 The rule codifies USCIS's authority to deny or revoke petitions where the underlying registration contains false or invalid information. This deters fraudulent activities and promotes program integrity.

• Commitment to Improvement

USCIS Director Ur M. Jaddou emphasises the continuous efforts to bolster program integrity and streamline processes. This commitment ensures ongoing improvements and adaptations to serve petitioners and beneficiaries better.

Additional Information:

The initial registration period for the fiscal year 2025 H-1B cap will be announced soon. A separate Fee Schedule final rule, taking effect after the initial registration period, will be announced later.

Overall Impact

By implementing these changes, USCIS aims to create a more equitable, efficient, and secure H-1B visa program. This benefits U.S. employers seeking skilled workers and foreign nationals with valuable expertise to contribute to the American economy. 

The beneficiary-centric approach ensures fairness, the online filing options enhance convenience, and the strengthened enforcement measures deter fraud, ultimately fostering a more transparent and reliable system.

For detailed information and updates on the H-1B visa program and the new rule, regularly visit the USCIS website.

FAQS

When does the new rule take effect?

Most provisions are effective March 4, 2024. The Fee Schedule final rule will take effect after the initial FY 2025 registration period.

Is the registration fee changing?

No, the registration fee remains $10 for the March 2024 registration period.

How will the beneficiary-centric selection work?

Registrations will be selected based on individual beneficiaries, not by registration. This ensures each person has a fair chance.

What travel document information is required for registration?

Valid passport or travel document information for each beneficiary must be provided, ensuring they intend to use it if issued an H-1B visa.

Can petitions still be filed before October 1st?

Yes, petitions can still be filed with earlier start dates. Flexibility applies to certain cap-subject petitions.

How do I file forms online?

USCIS will announce further details and instructions on online filing options closer to their implementation date.