USCIS announced a final rule implementing changes to the H-1B registration process, scheduled to be published February 2, 2024, and which will take effect in time for the FY2025 H-1B cap season. The FY2025 H-1B cap registration period will open at noon (EST) on March 6, 2024, and run through noon (EST) on March 22, 2024.
The final rule will make the following changes to the H-1B registration process:
The final rule creates a beneficiary-centric selection process. Under the new process, employers will still submit registrations on behalf of beneficiaries, but registrations will be selected by unique beneficiary rather than by registration. DHS aims to reduce the potential for fraud and to level the playing field by providing each unique beneficiary the same statistical chance of selection in the lottery, regardless of how many registrations are filed on their behalf. USCIS will require registrants to provide valid passport or travel document information for each beneficiary.
The final rule clarifies that petitioners may request start dates that are after October 1 of the relevant fiscal year, so long as the requested start date is six months or less from the date the petition is filed.
The final rule codifies USCIS’s ability to deny or revoke H-1B petitions where the underlying registration contained a false attestation or was otherwise invalid, or where USCIS determines that the registration fee was declined, not reconciled, disputed, or otherwise invalid after submission.
The registration fee for the FY2025 H-1B cap will remain $10. USCIS has also implemented a range of fee increases, effective April 1, 2024; the registration fee will increase to $215 for the FY2026 H-1B cap.
Please note that the above is for informational purposes only and does not constitute legal advice. For specific questions about how the new H-1B regulations may affect your specific circumstances, please contact your team at D&S.