The US Citizenship and Immigration Services (USCIS) has taken steps to enhance the integrity of the H-1B registration process and address fraud risks. The agency has revealed a final rule for the fiscal year 2025 (FY 2025) H-1B cap as part of this initiative.

The introduced rule establishes a selection process focused on beneficiaries, aiming to guarantee fairness and equal opportunities for all beneficiaries, irrespective of the number of registrations submitted on their behalf.

The selection of registrations will now prioritize unique beneficiaries, diminishing the potential for fraud and ensuring an equitable selection process. Starting from the initial registration period of FY 2025, USCIS will require registrants to furnish valid passport information or valid travel document information for each beneficiary.

The final rule provides clarity on the requested employment start date for specific petitions under the H-1B cap, permitting filings with requested start dates after October 1 of the corresponding fiscal year.

Additionally, the rule formalizes USCIS' authority to deny or revoke H-1B petitions in cases where the registration includes false attestations or is deemed otherwise invalid.

USCIS has introduced a Fee Schedule final rule, which will be effective after the initial registration period for the FY 2025 H-1B cap. The initial registration period for the FY 2025 H-1B cap is scheduled to commence on March 6, 2024, and will extend through March 22, 2024.

Effective February 28, 2024, USCIS is set to introduce organizational accounts, facilitating collaboration for H-1B registrations, petitions, and related forms. On the same date, online filing for Form I-129 and Form I-907 for non-cap H-1B petitions will commence. Although petitioners can still opt for paper filing of Form I-129 H-1B petitions, online filing alternatives will be accessible from April 1, 2024.

USCIS Director Ur M Jaddou has expressed that the enhancements introduced in H-1B selections will contribute to greater equity for both petitioners and beneficiaries. Furthermore, these improvements are designed to facilitate a fully electronic H-1B process, from registration to the final decision.

The overarching goal of these reforms is to elevate the H-1B program's transparency, efficiency, and resilience against fraudulent activities, ultimately aiming to create a more robust and accountable system.

Image source: ANI