Source: USCIS official website.
At the end of October 2023, the U.S. Department of Homeland Security (DHS) and the U.S. Citizenship and Immigration Services (USCIS) released a series of proposals for H-1B reform, the most important of which is the elimination of the "one person, multiple draw" system.
On January 30, 2024, USCIS gave everyone a New Year's gift package announcing the strengthening of the integrity measures of the H1B program. This includes the implementation of "one person, one draw". In other words: no matter how many companies submit for registration, each person only has one chance to draw lots per fiscal year.
The main contents of the new regulations are as follows
1.The new lottery system will come into effect in March this year, ensuring one lottery per person, regardless of how many companies are registered;
2.It is possible for multiple employers to register for the same beneficiary this year, but submitting multiple registrations does not increase the chances of winning the lottery. Only after the beneficiary is selected can multiple employers who have filed their registration file file with the H-1B petition;
3.The registration period for the H1B ballot is from March 6 to 22;
4.Companies can start preparing on February 28;
5.The final rule of DHS's immigrant application fee increase will take effect on April 1, 2024, but this year's H-1B online registration fee will still be $10 and will not rise to $215;
6.The basic application fee is $460-$780 (depending on the size of the company);
7.Reforms such as extending the duration of the F-1 CAP-GAP, expanding the scope of application of H-1B without lottery, and revising the definition of "professional positions" will not be promoted in this reform policy.
"One person draws more" background traceability
Beginning in 2020 (i.e., FY2021), USCIS adopted an H-1B electronic registration lottery system, and each registration is eligible to participate in the lottery. This means that if an employee is registered by more than one employer, he has multiple chances to draw lotteries.
While this practice of multiple draws can improve the chances of being selected, it also contributes to the abuse of false registrations, especially by some Indian ICCs.
The new policy proposal reverses this practice and now draws lots for each head. This means that no matter how many companies submit for registration, each person will only have one chance to draw lots per fiscal year.
USCIS Announces Enhanced Integrity Measures for the H-1B Program
Published on January 30, 2024.
Announcing the FY 2025 H-1B Cap Initial Registration Period and **Filing H-1B Petitions.
Washington– U.S. Citizenship and Immigration Services (USCIS) today announced a final rule designed to strengthen the integrity of the H-1B registration process and reduce the potential for fraud, including reducing the likelihood of utilizing the registration system for gaming, and ensuring that each beneficiary has the same chance of being selected regardless of the number of registrations submitted on their behalf. USCIS also announced the date of the initial enrollment period for the H-1B cap for FY 2025 and introduced ** filing options for Form I-129 (Application for Nonimmigrant Worker) and Form I-907 (Application for Application). Premium processing services for H-1B applicants.
We are always looking for ways to strengthen integrity and reduce the potential for fraud, while improving and streamlining our application process," we are looking forU.S. Citizenship and Immigration Services Director Ur Mjaddou says。"Improvements in these areas should make the H-1B selection more equitable for applicants and beneficiaries and will allow the H-1B process to be fully electronic from registration (if applicable) until the final decision and transmission of the approved petition to ***."
H-1B Registration Final Rule
This final rule contains provisions that will create a beneficiary-centered selection process for employer registration, provide start date flexibility for certain ** letters based on the Congressionally mandated H-1B cap, and add more integrity measures related to the registration process.
Under a beneficiary-centric process, registration will be chosen by the sole beneficiary rather than through registration. This new process is designed to reduce the likelihood of fraud and ensure that every beneficiary has the same chance of being selected, regardless of the number of registrations submitted by the employer on their behalf. Beginning with the initial registration period for FY 2025, USCIS will require registrants to provide valid passport information or valid travel document information for each beneficiary. The passport or travel document provided must be the passport or travel document that the beneficiary intends to use to enter the United States while abroad or while abroad after obtaining the H-1B visa. Each beneficiary can only be registered with one passport or travel document.
USCIS has also clarified the requirement regarding the required employment start date for certain petitions that are subject to the Congressionally mandated H-1B cap to allow for the start date of the claim to be filed after October 1 of the relevant fiscal year, consistent with current policy.
In addition, the H-1B Final Rule states that USCIS has the authority to deny or revoke an H-1B petition if the underlying registration contains false attestation or is invalid. In addition, under the new rules, USCIS may deny or revoke the approval of an H-1B petition if it determines that the fees associated with the registration were denied, incongruous, contested, or invalid after filing.
USCIS also published the final rules for the fee schedule. The rule will go into effect after the end of the initial registration period for the H-1B cap in FY 2025. As a result, the registration fee remains at $10 for the registration period starting in March 2024.
A new version of I-129 with changes to the H-1B Registration Final Rule and Schedule of Fees Final Rule will soon be available in USCISPreview available on gov (release date: 01/04/24). As of April 1, 2024, only the April 1, 2024 version of I-129** will be accepted
The H-1B Registration Final Rule finalizes some of the provisions proposed in the October 23, 2023, Notice of Proposed Rule Development (NPRM). Please note that DHS intends to issue a separate final rule to address the remaining provisions contained in the NPRM.
FY 2025 H-1B Cap Initial Enrollment Period
The initial enrollment period for the FY 2025 H-1B cap will begin at noon ET on March 6, 2024 and continue through noon ET on March 22, 2024. During this period, potential applicants and their representatives, if applicable, must electronically register each beneficiary for the selection process using a USCIS** account and pay the relevant registration fee for each beneficiary.
For more information about the H-1B Cap Season, please visit the H-1B Cap Season webpage.
Organize the account and file I-129 and I-907
On February 28, 2024, USCIS will launch a previously announced new organizational account in the USCIS ** account, which will allow multiple people within the organization and their legal representatives to collaborate and prepare H-1B registrations, H-1B petitions, and any other applications. Related I-907 **
Also on February 28, USCIS will commence** filing I-129** and related I-907 for non-capped H-1B petitions**On April 1, USCIS will begin accepting petitions** who have elected to register to file H-1B cap petitions and related I-907**
Applicants may continue to choose to submit a paper Form I-129 H-1B along with any relevant Form I-907 if they wish. However, users will not be able to link paper-filed I-129 and I-907 to their account during the first activation of the organization's account.
As a reminder, USCIS recently announced a final rule to increase the filing fee for I-907** to accommodate inflation, which will go into effect on February 26, 2024. If USCIS receives an I-907** postmarked on or after February 26, 2024, we will reject the I-907** and refund the filing fee if the filing fee is incorrect. For applications sent by commercial courier (e.g., UPS, FedEx, and DHL), the postmark date is the date reflected on the courier receipt.
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Official USCIS Information***