Client Alert: USCIS Final Rule for FY 2025 H-1B Cap Registration

Feb 5, 2024 | Human Resources Services, Immigration Updates

By Nathan Grow

On February 2, the U.S. Citizenship and Immigration Services (USCIS) published a final rule titled Improving the H-1B Registration Selection Process and Program Integrity. The final rule, which will become effective March 4, 2024 focuses on enhancing integrity, reducing fraud, and ensuring fairness in beneficiary selection in this year’s H-1B lottery registration process.

Beneficiary-Centric Selection Process: USCIS is introducing a beneficiary-centric selection process for H-1B registrations. Instead of selecting from all registrations, USCIS will select registrations by unique beneficiary. This ensures that each beneficiary has an equal chance of being selected, regardless of the number of registrations submitted on their behalf.

Flexibility in Start Dates: Previously, USCIS mandated that the start date for H-1B petitions for selected individuals must be October 1. Under the final rule, the start date can now be after October 1.

Integrity Measures: The final rule calls for additional measures to reinforce the overall registration system, emphasizing fairness for both petitioners and beneficiaries. USCIS will have the authority to deny or revoke H-1B petitions if the underlying registration contains false attestations or is otherwise invalid.

Registration Fee: A separate final rule published on January 31, 2024 calls for an increase in the registration fee from $10 to $215. That increase will be effective for next year’s H-1B lottery. For this year, the registration fee will still be $10 per beneficiary.

Form I-129 Update: A new edition of Form I-129, reflecting adjustments in the H-1B Registration final rule and Fee Schedule final rule, will be available on the USCIS website from April 1, 2024. Only the 04/01/24 edition of Form I-129 will be accepted starting April 1, 2024.

Registration Period: The FY 2025 H-1B cap registration period is from March 6, 2024, to March 22, 2024, with online registration and fee payment.

Related Posts:

Immigration Update

In this edition, find the latest news on pending Supreme Court cases, updates to the Exchange Visitor Program, expansion of USCIS’ myProgress and more! Three Important Cases Pending Before U.S. Supreme Court Three important cases are pending before the U.S. Supreme Court. According to observers, at stake are the legitimacy of the current U.S. immigration court system and the longstanding precedent decision, Chevron v. Natural Resources Defense Council, and its standard for deference to federal administrative agency decisions. The cases include: Details:  Back to Top DOS Proposes Updates to Au Pair Exchange Visitor Program The Department of State (DOS) has issued a proposed rule to amend the Exchange Visitor Program regulations governing the au pair category to “clarify and modernize” the program. Among other things, the proposed rule would restructure the child care and educational components, replace the EduCare program with a part-time option, enhance au pair and host family orientation requirements, formalize standard operating procedures for rematching au pairs with new host families, and propose new requirements to strengthen au pair protections. DOS said it encourages public comment on the proposed rule, particularly on restructuring the au pair program and calculating weekly compensation. DOS initially said it would accept […]

Immigration Update

In this edition, find the latest news on the FY 2024 H-1B Cap, January Visa Bulletin, DHS’ Federal Register Notice, and more! USCIS Reaches FY 2024 H-1B Cap U.S. Citizenship and Immigration Services (USCIS) announced on December 13, 2023, that it has received a sufficient number of petitions needed to reach the congressionally mandated 65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree exemption, known as the master’s cap, for fiscal year (FY) 2024. USCIS said it will send non-selection notices to registrants through their online accounts. When the agency finishes sending the non-selection notifications, the status for properly submitted registrations that USCIS did not select for the FY 2024 H-1B numerical allocations will show: USCIS said it will continue to accept and process petitions that are otherwise exempt from the cap. Petitions filed for current H-1B workers who have been counted previously against the cap, and who still retain their cap number, are exempt from the FY 2024 H-1B cap. USCIS will continue to accept and process petitions filed to: Details:  Back to Top January Visa Bulletin Released; Religious Workers Category Extended The Department of State’s Visa Bulletin for January 2024 notes that H.R. 6363, […]