USCIS releases new registration dates and an online filing alternative for the H-1B program

USCIS releases new registration dates and an online filing alternative for the H-1B program

The unique beneficiary will decide H-1B registration under the beneficiary-centric procedure, not selection.

In order to improve the integrity of the H-18 registration process and lower the risk of fraud, U.S. Citizenship and Immigration Services (USCIS) has released a final rule. This rule also ensures that every beneficiary will have equal opportunities and lessens the chance of systemic gaming. to be chosen irrespective of the quantity of registrants. Provided by

The dates for the Fiscal Year (FY) 2025 H-18 cap early registration session, as well as the Form 1-129, Petition for a Nonimmigrant Worker, and Form 1-907, Request for Launching an Online Filing Option, are also being announced by USCIS. Premium H-1B Petitioner Processing Service

USCIS Director Ur M. Jaddou said, "We are always looking for ways to improve and streamline our application processes while strengthening integrity and reducing the potential for fraud." "Changes in these domains ought to increase the equity of H-18 selections for petitioners and beneficiaries." This would enable the whole H-1B process to be conducted entirely online, from registration (if appropriate) to the ultimate determination and submission of petitions that have been authorized to the State Department.

Final Rule for H-1B Registration

This final rule contains measures that will formalize start date flexibility for some petitions subject to the congressionally required H-18 limit, provide a beneficiary-centered selection process for businesses to register, and enhance the registration process's integrity. Will include solutions.

Instead of being chosen based on quantity, registration will be chosen based on distinct beneficiaries under the beneficiary-centric approach. The purpose of this new procedure is to lessen the likelihood of fraud and guarantee that each beneficiary will have an equal chance of being chosen, regardless of the quantity of registrations that the employer submits on their behalf.

Starting with the fiscal year 2025 first registration period, registrants will be required by USCIS to provide

Details of each beneficiary's valid passport or travel document. The beneficiary, if they are overseas, must produce the same passport or travel document that they want to use when the H-1B visa is granted in order to enter the country. Each recipient may only be listed on a single passport or travel document.

In accordance with existing policy, USCIS is also making clear the conditions for the desired employment start date on certain petitions subject to the congressionally mandated H-1B limit. These clarifications enable applications with requested start dates beyond October 1 of the relevant fiscal year. As.

The H-1B Final Rule also formalizes USCIS's power to reject or revoke H-1B petitions in cases where the underlying registration was incomplete or inaccurately verified, among other reasons. Additionally, under the new regulation, USCIS has the authority to reject or withdraw acceptance of a 14–18 petition if it finds that the registration fee has been rejected, is still pending, is being contested, or has not been received after submission. Otherwise untrue.

Additionally, USCIS released the final regulation for the fee structure. Following the early registration period for the FY 2025 H-1B limit, this regulation will go into force. As a result, the $10 registration price will not change during the registration period beginning in March 2024.

Final Regulation and Fee Schedule for H-1B Registration Soon, a revised version of Form 1-129 with the final rule modifications will be previewable on the USCIS website. On April 1, 2024, only the 04/01/24 version of Form I-129 will be allowed.

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On October 23, 2023, the H-1B Registration Final Rule was released, bringing some of the rules from the Notice of Proposed Rulemaking (NPRM) to a finalized state.

H-1B Cap Early Registration Period for FY 2025

The FY 2025 H-1B CAP early registration period begins on March at noon Eastern.

March 6, 2024, and will continue until March 22, 2024, at noon Eastern. Potential petitioners and their advocates, if any, must use a USCIS online account during this time.

Make the appropriate payment and electronically register each beneficiary for the selection procedure.

Registration Charge for the EON Recipient

Online Submission of Forms 1-907 and I-129

The USCIS will introduce previously announced new organizational accounts on the USCIS Online Account on February 28, 2024. These accounts will enable representatives of several individuals inside a company to work together and prepare H-1B registrations, IH-1B petitions, and any other work that the agency deems appropriate. Form 1-907.

Additionally, starting on February 28, USCIS will allow non-cap H-1B petitioners to file Form I-129 and associated Form I-907 online. For petitioners whose registration is chosen, USCIS will start submitting online H-18 cap petitions and associated Form 1-907 on April 1.

Petitioners may still choose to submit their Form I-129 H-1B petition on paper, together with any associated Form 1-907, if they so want. However, users will not be able to connect paper-filled Forms 1-129 and 1-907 to their online accounts during the first rollout of Organizational Accounts.

Recall that on February 26, 2024, USCIS will implement a final rule raising the filing costs for Form 1-907 in order to account for inflation. USCIS will reject Form 1-907 and reimburse the filing money if they receive a Form 907 postmarked on or after February 26, 2024, with the wrong filing fee. The postmark date for filings submitted by commercial courier (such UPS, FedEx, and DHL) is the date on the courier receipt.