On January 30, 2024, USCIS announced a final rule aimed at strengthening the integrity of the H-1B registration process as well as reducing fraud and the potential for gaming the registration system. The objective of this new rule is to ensure that each beneficiary has the same chance of being selected, regardless of the number of registrations submitted on their behalf.
- Integrity measures include a beneficiary-centric selection process to ensure fairness, requiring valid passport or travel document information for beneficiaries.
- The initial registration period for the FY 2025 H-1B cap will be from March 6, 2024, to March 22, 2024. Registrations must be done electronically via a USCIS online account.
- USCIS will launch new organizational accounts allowing collaboration on H-1B registrations and petitions. Online filing for Form I-129 and associated Form I-907 will be available starting Feb. 28, 2024, for non-cap H-1B petitions and from April 1, 2024, for cap petitions.
- A new edition of Form I-129 will be available from April 1, 2024, and there will be an adjustment in the filing fee for Form I-907 effective Feb. 26, 2024. Forms with incorrect fees postmarked after this date will be rejected.
These updates aim to enhance the integrity of the H-1B program, streamline processes, and ensure fairness in beneficiary selection. We expect more developments to be finalized as part of the previously proposed H-1B rule.
Read the official press release from USCIS.
About the Author
Elizabeth Garvish
Elizabeth L.A. Garvish founded Garvish Immigration Law Group, LLC in 2011 after practicing immigration law in small boutique firms, big law and nonprofits. Elizabeth is a frequent speaker and presenter on entrepreneurship and U.S. immigration topics around the world. She is an active member of the American Immigration Lawyers Association (AILA) and serves on various national committees and is the Past Chair of the Georgia-Alabama Chapter of AILA. Elizabeth is also a certified member of the EO Global Speakers Academy.