New H1B rule effective March 4, 2024. Provides start date flexibility

Highlights: Final rule announced by USCIS for H-1B registrations

• USCIS has revealed a final rule for H-1B registration process to strengthen the integrity.
• The rule will be operative after the initial registration period for FY 2025 and the cost for the registration will be $10.
• The registration for FY 2025 H-1B cap will start on March 6, 2024 and end on March 22, 2024.
• USCIS will accept online filings of Forms I-129 and related Form I-907 for H-1B petitioners starting on February 28, 2024.

 

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USCIS announces final rule to enhance H-1B integrity and streamline processes for FY 2025 cap

The U.S. Citizenship and Immigration Services (USCIS) has revealed a final rule that makes changes to the H-1B registration process to strengthen the integrity and lower the possibility of fraud in the H-1B registration process.

 

The dates of the first registration period for the fiscal year (FY) 2025 H-1B cap and the launch of an online filing option for Forms I-129, Petition for a Non-immigrant Worker, and Form I-907, Request for Premium Processing Service, for H-1B petitioners is revealed by USCIS.

 

H-1B registration final rule

The beneficiary centric approach will choose registrations based on their distinct beneficiaries instead of choosing registrations in order to lessen the possibility of fraud, and provide equal opportunities for all.

 

This rule will become operative after the initial registration period for the FY 2025 H-1B cap. The fee for the registration is $10 that begins in March 2024. Only the March 04, 2024 version of Form I-129 will be accepted as of April 01, 2024.

 

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Requirements for H-1B registrations

Registrants are required to provide a valid passport or travel document information for each beneficiary starting with the initial registration period for FY 2025.

 

USCIS is simplifying requirements for the suggested employment start date for certain petitions that are subject to the congressionally mandated H-1B cap. This will allow filings with requested start dates after October 1st of the relevant fiscal year.

 

H-1B cap initial registration period for FY 2025

The initial registration for the H-1B cap will start on March 6, 2024 and end on March 22, 2024, at noon Eastern Time. During this time, potential petitioners must electronically register each beneficiary for the selection process through a USCIS online account and pay the beneficiary's registration cost.

 

Online filing of forms I-129 and I-907 for H-1B petitioners

Starting on February 28, 2024, USCIS will begin accepting online filings of Forms I-129 and related Form I-907 for H-1B petitioners. Petitioners whose registrations have been selected may start filing H-1B cap petitions and related Forms I-907 online on April 1.

 

Petitioners will be able to submit their Form I-129 H-1B petition and any related Form I-907 on paper if they wish to but they will not be able to link paper filed forms to their online accounts.

 

USCIS has revised the Form I-907 filing fee to account for inflation, which will take effect on February 26, 2024. USCIS will reject Form I-907 and return the filing fee if it receives a Form I-907 postmarked on or after February 26, 2024, with the wrong filing fee.

 

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