Decoding USCIS’s Latest H-1B Program Updates: What You Need to Know

Introduction

The recent announcement by USCIS regarding strengthened integrity measures for the H-1B program has garnered attention from employers and foreign workers alike. These measures mark significant changes to the H-1B program landscape and underscore the importance of staying informed about regulatory updates. For employers, understanding these changes is crucial as they navigate the complexities of the H-1B sponsorship process. Likewise, foreign workers need to be aware of how these measures may impact their eligibility and application procedures for H-1B visas.

In this article, we'll delve into the key aspects of the USCIS announcement on strengthened integrity measures and cover recent announcements about fee changes and “organizational accounts,” providing insights into the implications for both employers and foreign workers. By gaining a comprehensive understanding of these changes, stakeholders can effectively navigate the H-1B program and ensure compliance with updated regulations, ultimately facilitating a smoother application process and enhancing their prospects in the U.S. workforce.

How the Fiscal Year 2024 CAP Lottery Confirmed Concerns About Duplicate Registrations and the Possibility of Fraud

The Fiscal Year 2024 initial registration period heightened apprehensions regarding potential fraud and the inequity associated with duplicate registrations. These concerns were substantiated by USCIS's disclosure that out of the total 780,884 registrations last year, 408,891 were found to be duplicates. These numbers appear to confirm the vulnerability of the electronic registration system to exploitation, enabling individuals or entities to submit multiple registrations for the same beneficiary. Such actions compromise the fairness and integrity of the H-1B visa program and unfairly disadvantage other applicants by artificially inflating the candidate pool. Additionally, fraudulent registrations present challenges for USCIS in accurately gauging the demand for H-1B visas and allocating them appropriately. It is imperative to address these issues and implement robust measures to detect and prevent fraudulent activities in the registration process. Failing to do so risks eroding trust in the H-1B program and hindering its effectiveness in facilitating the employment of skilled foreign workers in specialty occupations. The problems with last year’s initial lottery prompted USCIS to make the changes to the H-1B program that we will discuss in this article.

Summary of USCIS’s Announcement

The recent announcement by USCIS introduces several key changes and integrity measures aimed at strengthening the H-1B visa program. Among the notable adjustments are requiring registrants to provide valid passport information or valid travel document information for each beneficiary during the fiscal year 2025 initial registration period, mandating that each beneficiary be registered under only one passport; codifying USCIS' authority to deny or revoke H-1B petitions if the initial registration contained false attestations or was deemed invalid; implementing beneficiary-centric selection processes for registrations by employers; and adding more integrity measures related to the registration process. This move seeks to prevent abuse and ensure that H-1B workers are genuinely employed and supervised by the sponsoring employer. Furthermore, the H-1B final rule formalizes USCIS' authority to deny or revoke H-1B petitions if the initial registration contained false attestations or was deemed invalid.

The new rule formalizes flexibility in start dates for certain petitions under the congressionally mandated H-1B cap. USCIS offers clarity on requested employment start date requirements, permitting petitions with start dates after October 1 of the relevant fiscal year, consistent with current policy.

The announcement also confirms the official launch date of the new “Organizational Accounts” system which was initially unveiled in an earlier but related USCIS announcement posted on January 12, 2024. These accounts are designed to streamline the H-1B petition process for employers, attorneys, and representatives who file multiple petitions on behalf of different beneficiaries. Organizational accounts allow users to manage and track their cases more efficiently, access real-time updates on case statuses, and receive notifications for important milestones. The introduction of organizational accounts represents a significant advancement in USCIS's efforts to modernize and improve the H-1B petition process, enhancing transparency, efficiency, and collaboration among stakeholders. Moreover, USCIS announced that starting April 1, online filing will be available for H-1B cap petitions and associated Forms I-907 for petitioners whose registrations are selected in the lottery.

These changes are part of USCIS's broader efforts to enhance the integrity and transparency of the H-1B program, addressing longstanding concerns about fraud, abuse, and displacement of American workers – concerns that were validated by the FY 2024 Lottery. By imposing stricter requirements and oversight measures, USCIS aims to safeguard the program's integrity while ensuring that it serves its intended purpose of attracting highly skilled foreign talent to fill critical positions in the U.S. workforce.

Changes to Fee Schedules

While we covered proposed fees back in January 2023, the latest announcement includes reminders on final decisions on some of those proposed fee changes. The changes include increases to Premium Processing fees, which will go into effect on February 26, 2024. These changes are outlined in this table:

USCIS has also confirmed that changes to fees for H-1B registration will be happening in 2024 but will not go into effect until after the initial registration period for FY 2025 H-1B cap (March 6, 2024, to March 22, 2024), meaning that the H-1B registration fee will remain $10 for this year’s registration period. However, after the initial H-1B cap registration period, the H-1B registration fee will increase from $10 to $215.

April 1st, 2024 will be an important day for immigration officials and stakeholders as this marks the date that the new fees will go into effect; moreover, only the new 4/1/2024 edition of I-129 will be accepted. A grace period will exist from April 1st to June 3rd for some forms, excluding the I-129, I-140, I-600A, and I-600. For filings that are sent by courier, the postmark date will determine the appropriate fee.

For a complete list of all fee changes, see: https://www.uscis.gov/forms/filing-fees/frequently-asked-questions-on-the-uscis-fee-rule

Beneficiary-Centric Registration Process

To bolster the integrity of the H-1B program, several measures have been implemented. In addition to increasing access to electronic registration, and empowering USCIS to deny or revoke H-1B petitions containing false or invalid attestations or petitions with incorrect or declined fees, USCIS has implemented a new Beneficiary-Centric Registration Process.

Overview of the New Process

Under the new "Beneficiary-Centric" registration process for the Fiscal Year 2025 H-1B program, USCIS will now select registrations by unique beneficiary, ensuring each beneficiary is entered into the lottery only once, regardless of the number of registrations submitted by different employers. This change is expected to level the playing field for prospective H-1B workers, reducing the incentive for fraudulent multiple registrations and creating equal opportunities for all applicants.

Under the new system, all employers submitting registrations for a selected individual can file H-1B petitions on their behalf, allowing beneficiaries to negotiate job offers between prospective employers. Unlike the previous system where only employers with selected registrations could file petitions, now all employers with registrations for a selected beneficiary have the opportunity to file petitions. This provides H-1B beneficiaries with multiple registrations greater leverage in negotiating better salaries and benefits during the hiring process, similar to their U.S. worker counterparts. Overall, the Beneficiary-Centric system aims to promote fairness and transparency in the H-1B program while empowering beneficiaries to secure better employment opportunities.

Strengthening H-1B Program Integrity Using Passports

A key component of the Beneficiary-Centric process is its reliance on valid passport information. The agency states that:

• Starting with the fiscal year (FY) 2025 initial registration period, 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 one the beneficiary, if or when abroad, intends to use to enter the United States if issued an H-1B visa. Each beneficiary must only be registered under one passport or travel document. Only those with selected registrations are eligible to file H-1B cap-subject petitions. [“]

The requirement for valid passport or travel document information for each beneficiary during the initial registration period for fiscal year 2025 signals a significant shift in the H-1B registration process, carrying several implications. Firstly, this mandate aims to enhance the accuracy and reliability of registration data submitted to USCIS. By necessitating valid passport or travel document information, the agency seeks to verify the identity of beneficiaries and ensure that they are eligible for H-1B visa consideration. This requirement underscores the importance of transparency and integrity in the registration process, aiming to mitigate the risk of fraudulent activities and duplicate registrations.

Moreover, the specification that the provided passport or travel document must be the one intended for use upon entering the United States with an H-1B visa carries implications for beneficiaries' travel plans and visa processing. It emphasizes the alignment between registration information and actual travel intentions, facilitating smoother visa issuance processes and reducing discrepancies between registration data and subsequent visa applications.

Furthermore, the directive stipulating that each beneficiary must be registered under only one passport or travel document aims to prevent multiple registrations for the same individual, thereby promoting fairness and equal opportunity in the H-1B selection process. This requirement seeks to streamline the registration process, minimize administrative burdens, and ensure equitable treatment of all registrants.

Implications for Employers

The introduction of strengthened integrity measures for the H-1B program by USCIS carries significant implications for employers involved in the sponsorship process. These new measures may impact the H-1B sponsorship process by imposing stricter scrutiny and requirements on employers, potentially leading to longer processing times and increased administrative burdens. Compliance with H-1B program requirements is now even more crucial for employers to avoid adverse consequences such as application denials or legal action. Employers can navigate these regulations effectively by conducting internal reviews, seeking guidance from immigration law experts, and ensuring compliance throughout the sponsorship process.

Additionally, employers must consider the implications of multiple petition approvals on a beneficiary's employment authorization. USCIS clarified that approved H-1B petitions can remain valid despite subsequent approvals for the same beneficiary. Nevertheless, employers must consider whether to amend or withdraw petitions if the beneficiary's circumstances change. Another aspect that may concern employers revolves around potential scenarios where significant time and resources are invested in an individual who ultimately opts to work for another employer that also submitted a registration on their behalf.

Additionally, employers should be aware of the USCIS decision on passports under the new registration process. Starting with FY 2025, each beneficiary can only be registered under one passport or travel document. This requirement underscores the importance of accurately providing passport details during the registration process and ensuring consistency with the travel document intended for use if granted an H-1B visa. Failure to comply with these provisions could potentially lead to complications or disqualification during the visa application process.

Implications for Foreign Workers

The recent implementation of enhanced integrity measures in the H-1B program by USCIS also has significant implications for foreign workers, both current H-1B visa holders and those aiming to apply for this visa category. The introduction of the Beneficiary-Centric system in the H-1B registration process heralds positive developments for prospective H-1B temporary workers. This innovative approach aims to promote fairness and combat fraudulent practices by ensuring equal opportunities for all individuals, regardless of the number of registrations submitted on their behalf. While legitimate reasons for multiple registrations are still allowed, the new system significantly reduces the advantage gained from submitting multiple registrations solely to increase the chances of selection. Additionally, the revamped system allows all employers who submit registrations for a selected individual to file H-1B petitions on their behalf. This inclusive approach potentially opens up greater negotiation avenues between employees and their prospective employers, empowering H-1B beneficiaries with multiple registrations to negotiate favorable terms akin to their U.S. worker counterparts during the hiring process.

Additionally, for individuals considering applying for H-1B visas, documentation requirements are crucial. The new passport rules introduced by USCIS for the H-1B visa application process have direct implications for foreign workers aspiring to obtain this visa category. Under these regulations, starting from the fiscal year 2025 initial registration period, registrants must provide valid passport information or valid travel document information for each beneficiary. This means that individuals intending to apply for an H-1B visa must ensure that they possess a valid passport or travel document that they plan to use for entry into the United States if issued an H-1B visa.

For foreign workers aspiring to obtain an H-1B visa, these new passport rules necessitate careful attention to passport validity and documentation. They must ensure that their passport meets the validity requirements specified by USCIS and is the one they intend to use for travel to the United States if their H-1B visa application is approved.

Maintaining compliance with H-1B program rules is essential. Staying informed about USCIS updates, seeking guidance from immigration professionals when necessary, and ensuring consistency in employment arrangements and visa documentation are vital steps to navigate the program successfully. H-1B hopefuls and current H-1B holders should seek legal expertise to ensure that they fully understand the H-1B changes and how they affect them.

Conclusion

In this article, we’ve discussed USCIS's recent announcement concerning reinforced integrity measures for the H-1B program, underlining its impact on employers and foreign workers alike. Our discussion covered pivotal changes, such as the mandate for valid passport details during registration, clarification regarding start date flexibility for specific petitions, and the implications of the new organizational accounts system.

This announcement underscores the evolving landscape of the H-1B program and the need for stakeholders to stay informed and adapt to these changes. For employers, understanding the implications of the new measures on the H-1B sponsorship process is crucial, along with ensuring compliance with program requirements. Foreign workers must familiarize themselves with updated eligibility criteria and documentation requirements to navigate the application process successfully.

As the H-1B program continues to evolve, employers, foreign workers, and immigration professionals need to stay informed about regulatory updates and adjust their strategies accordingly. By staying proactive and knowledgeable, stakeholders can effectively navigate the complexities of the H-1B program and maximize their chances of success in obtaining or sponsoring H-1B visas.