USCIS Announces Changes to the H-1B Program for 2024

USCIS Announces Changes to the H-1B Program for 2024

The United States Citizenship and Immigration Services (USCIS) has recently announced a series of significant updates to the H-1B visa registration and application process. These changes aim to bolster the program’s integrity, minimize fraud potential, and ensure a fair selection process for all applicants. With these new rules in place, the upcoming fiscal year (FY) 2025 H-1B cap season is poised to be ‘more equitable and efficient.’

USCIS Director, Ur M. Jaddou, emphasized the agency’s commitment to enhancing the integrity of the H-1B visa process, stating, “We’re always looking for ways to bolster integrity and curtail the potential for fraud while improving and streamlining our application processes.” 

These improvements mark a significant step towards ensuring a more equitable selection process for both petitioners and beneficiaries, transitioning to a fully electronic process from registration to final decision.

Key Features of the H-1B Registration Final Rule

• Beneficiary-Centric Selection: A major shift in the selection process now focuses on unique beneficiaries rather than registrations. This approach aims to deter fraud and guarantee an equal chance of selection for each applicant.
• Start Date Flexibility: Certain H-1B petitions can now have requested start dates after Oct. 1 of the fiscal year, offering more flexibility to employers.
• Integrity Measures: USCIS has strengthened measures to detect false attestations or invalid registrations, allowing for denials or revocations where necessary. Registration fees must be valid and reconciled to avoid petition denial or revocation.

FY 2025 H-1B Cap Initial Registration Period

The registration window for the FY 2025 H-1B cap will open from 12:00PM EST on March 6, 2024, until 12:00PM EST on March 22, 2024. 

Upcoming Fee Adjustments

On January 31, significant adjustments to the fee schedule were confirmed by USCIS, affecting most application types, including H-1B petitions. Effective April 1, 2024, the fee for H-1B petition filings through Form I-129 will rise from $460 to $780, applicable to all H-1B petitions submitted from this date forward. It’s important to note that the H-1B registration fee will remain unchanged until the following year, at which point it will significantly increase from $10 to $215. 

Additionally, the fee for expedited processing of H-1B applications, via Form I-907, will see an increase from $2,500 to $2,805 starting February 26, 2024. These updates are part of USCIS’s efforts to align its fee structure with the costs of processing and managing applications.

Enhancements in Online Filing and Organizational Accounts

• Organizational Accounts Launch: On February 28, 2024, USCIS will introduce new organizational accounts, facilitating collaboration within organizations and with legal representatives on H-1B registrations and petitions.
• Online Filing for Form I-129 and I-907: The same day also marks the launch of online filing for Form I-129 and the associated Form I-907 for non-cap H-1B petitions, with cap petitions following suit on April 1, 2024.

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