February 2nd, 2024 at 12:04 am

USCIS Announces Final Rule for FY 2025 – USCIS H-1B Program

For the H-1B program, USCIS introduces improved Integrity procedures. To improve the integrity and lower the possibility of fraud in the H1B registration process, USCIS has released a final regulation. Consequently, by lowering the possibility of systemic manipulation and guaranteeing that every beneficiary has an equal opportunity to be chosen, irrespective of the number of registrations filed on their behalf,

Along with the availability of an online filing option for form I-129 petition for a non-immigrant worker and form I-907 request for premium processing service for H1B petitioners, USCIS is also revealing the dates of the beginning registration period for the fiscal year 2025 H-1B cap.

USCIS Director Ur Jaddou stated that USCIS is constantly seeking methods to strengthen integrity, reduce the possibility of fraud, and enhance and expedite our application procedures. These enhancements will enable the H1B process to be entirely electronic, from registration, if appropriate, to the final determination and transmission of petitions that are granted to the Department of State. This should make H1B selections more equitable for petitioners and beneficiaries.

H-1B Registration Final Rule

This final rule includes provisions that will codify start date flexibility for those petitions subject to the congressionally required H-1B cap, add further registration process integrity safeguards, and provide a beneficiary-centric selection procedure for companies registering.

Instead of selecting registrations, the Beneficiary Centric Process will identify unique beneficiaries. The purpose of this new procedure is to lessen the possibility of fraud and guarantee that every beneficiary will have an equal chance of being chosen regardless of how many registrations are made on their behalf by an employer.

FY 22 Initial Registration Period

For each beneficiary, the USCIS will ask the registrant to submit information from a valid passport or travel document. If the recipient is granted an H-1B Visa, they must utilize the passport or travel document that was submitted if and when they plan to enter the United States. The registration of each beneficiary under a single passport or travel document is required.

To allow filings with requested start dates that are after October 1st of the relevant fiscal year, USCIS is further clarifying restrictions surrounding the intended employment start date on certain petitions subject to the congressionally required H-1B cap.

The H-1B final rule formalizes USCIS’s authority to reject or cancel H-1B petitions in cases where the underlying registration was void or contained a fraudulent attestation. According to the new regulation, USCIS has the authority to refuse or cancel the approval of an H1B petition if it finds that the registration fee was rejected, was not reconciled, was contested, or was otherwise improper after the petition was submitted.

USCIS Fee Schedule

Additionally, USCIS released the final rule for the fee structure. Following the initial registration period for the FY 2025 H-1B cap, that rule will become operative. During the registration term that begins in March 2024, the registration fee will stay at $10. Soon, a new version of form I-129 with the final rules for H-1B registration and the fee schedule will be previewable on USCIS.

Only the form I-129 with the January 4, 2024, date will be accepted as of April 1, 2024. The final regulation for H1B registration finalizes several aspects that were suggested on October 23, 2023.

Notice of Proposed Rulemaking

To handle the remaining provisions in the NPM FY 2025 H-1B cap, DHS plans to release a separate final rule.

Initial Registration Period

Beginning on March 6, 2024, at noon Eastern time, and ending on March 22, 2024, at noon Eastern time is the initial registration period for the FY 2025 H1B cap. To electronically register each beneficiary for the selection process during this time, prospective petitioners and their agents (if any) must use a USCIS online account and pay the registration fee for each beneficiary.

Organizational Accounts and Online Filing for Forms I-129 and I-907

The previously announced new organizational accounts in the USCIS online account, which will enable many individuals inside an organization and their legal representatives to work on and prepare H1B registrations, will be launched by USCIS on February 28, 2024.

H-1B Petitions and Any Associated Form I-907

In addition, the USCIS will begin accepting online applications for non-cap H-1B petitions on February 28. These forms are I-129 and associated I-907. USCIS will start taking online petitions for the H1B cap and related forms i907 for petitioners whose registrations have been chosen on April 1.

Petitioners will still be able to submit any associated form I-907 as well as paper form I-129 H1B petitions if they so want. It will not be possible for users to link paper-filed forms I-12 9 and I-907 to their online accounts during the initial rollout of organizational accounts.

With effect from February 26, 2024, the USCIS final rule will raise the form I-907 filing fee to account for inflation. USCIS will reject form I-907 and return the filing fee for filings sent by commercial courier if it receives a form I-907 postmarked on or after February 26, 2024, with the wrong filing fee. The date on the courier receipt corresponds to the postmark date.