New USCIS rules to check gaming of H-1B program

Biden administration has announced new rules to strengthen the integrity of and reduce the potential for fraud in the H-1B registration process, including by reducing the potential for gaming the registration system.

The new rules would also ensure each beneficiary would have the same chance of being selected, regardless of the number of registrations submitted on their behalf, the US Citizenship and Immigration Services (USCIS) stated Jan 30.

The initial registration period for the FY 2025 H-1B cap will open at noon Eastern on March 6, 2024, and run through noon Eastern on March 22, 2024.

READ: US agencies to share data to probe H-1B fraud (August 10, 2020)

During this period, prospective petitioners and their representatives, if applicable, must use a USCIS online account to register each beneficiary electronically for the selection process and pay the associated registration fee for each beneficiary.

Coveted by Indian tech professionals, Indians have cornered more than 70% of the annual quota of 85,000 H-1B visas in recent years.

“We’re always looking for ways to bolster integrity and curtail the potential for fraud while improving and streamlining our application processes,” said USCIS Director Ur M. Jaddou.

READ: USCIS set to change H-1B lottery process (May 1, 2023)

“The improvements in these areas should make H-1B selections more equitable for petitioners and beneficiaries and will allow for the H-1B process to be fully electronic from registration, if applicable, until final decision and transmission of approved petitions to the Department of State.”

The final rule contains provisions that will create a beneficiary-centric selection process for registrations by employers, codify start date flexibility for certain petitions subject to the congressionally mandated H-1B cap, and add more integrity measures related to the registration process, the immigration agency stated.

Under the beneficiary-centric process, registrations will be selected by unique beneficiary rather than by registration. Starting with the FY 2025 initial registration period, USCIS will require registrants to provide valid passport information or valid travel document information for each beneficiary.

USCIS to launch organizational accounts for 2025 H-1B cap season (January 15, 2024)

The passport or travel document provided must be the one the beneficiary, if or when abroad, intends to use to enter the United States if issued an H-1B visa. Each beneficiary must only be registered under one passport or travel document.

USCIS is also clarifying requirements regarding the requested employment start date on certain petitions subject to the congressionally mandated H-1B cap to permit filing with requested start dates that are after Oct 1 of the relevant fiscal year, consistent with current policy.

Additionally, the H-1B final rule codifies USCIS’ ability to deny or revoke H-1B petitions where the underlying registration contained a false attestation or was otherwise invalid.

READ: USCIS rule changes to prevent H-1B work visa fraud (July 31, 2020)

USCIS also announced the Fee Schedule final rule will go into effect after the initial registration period for the FY 2025 H-1B cap. The registration fee during the registration period starting in March 2024, will remain $10.

A new edition of Form I-129 with the H-1B Registration final rule and Fee Schedule final rule changes will soon be available to preview on uscis.gov. On April 1, 2024, only the 04/01/24 edition of Form I-129 will be accepted.

USCIS plans second round of H-1B lottery. What does it mean for applicants? (July 29, 2023)

On Feb 28, 2024, USCIS will launch the previously announced new organizational accounts in the USCIS online account that will allow multiple people within an organization and their legal representatives to collaborate on and prepare H-1B registrations, H-1B petitions, and any associated Form I-907.

Also on Feb 28, USCIS will launch online filing of Form I-129 and associated Form I-907 for non-cap H-1B petitions. On April 1, USCIS will begin accepting online filing for H-1B cap petitions and associated Forms I-907 for petitioners whose registrations have been selected.

Petitioners will continue to have the option of filing a paper Form I-129 H-1B petition and any associated Form I-907 if they prefer. However, during the initial launch of organizational accounts, users will not be able to link paper-filed Forms I-129 and I-907 to their online accounts.