On January 31, 2024, U.S. United States Citizenship and Immigration Services (USCIS) recently released a set of significant amendments to the H-1B visa system, designed to make the application process fairer and fraud-free. Those include changes to the H-1B registration system, online filing of key forms, fees, and more. In this article, we explain what the main changes in the H-1B process by USCIS are.
H-1B Verification Gets a Revamp
In response to questions about fraud and to make the process more fair, USCIS has overhauled the H-1B registration process. New guidelines will require beneficiaries (foreign workers seeking the visa) to select the H-1B lottery, rather than employers submitting a list. This change will reduce fraud, increase transparency, and ensure that each beneficiary has an equal chance of being selected, regardless of how many registrations an employer completes for them.
USCIS will start to ask all H-1B lottery beneficiaries to provide valid passport/travel document information when they apply for the H-1B lottery starting in 2025. This is likely to make the registration process even more secure against fraud.
Important Dates for FY 2025 H-1B Enrollment.
It’s also the official date of registration for the FY 2025 H-1B cap season provided by USCIS. The Registration Period: March 6, 2024, 12:00 pm EST / March 22, 2024, 12:00 pm EST. This is an important date to mark and get registered if you’re planning to apply for an H-1B visa in FY 2025.
Along with these changes in registration, USCIS has raised its fees for some H-1B applications. With effect April 1, 2024, the filing fee for the I-129 (Petition for a Nonimmigrant Worker) increases from $460 to $780. This fee is on the majority of H-1B applications, so employers and applicants should be aware of the shift.
Don’t forget, H-1B fees won’t increase until next year. In 2025, registration is set to cost $10 up to $215. In addition, The premium processing fee (which expedites the processing of H-1B applications) will increase from $2,500 to $2,805 as of February 26, 2024.
H-1B Forms, Top Forms Online Filing For H-1B Forms
Additionally, USCIS will enable online filing for H-1B forms. Employers will gain organizational accounts by February 28, 2024, and can file Form I-129 (Nonimmigrant Worker Petition) and Form I-907 (Premium Processing Request) online for non-cap H-1B applications. And on April 1, 2024, USCIS will take online submissions of H-1B cap petitions and make it even simpler.
How will the new Form I-129 affect current H-1B applications
The recent updates to Form I-129, effective January 17, 2025, will significantly impact current and future H-1B applications. Here are the key changes and their implications:
Key Changes to Form I-129
- Introduction of a New Edition: The U.S. Citizenship and Immigration Services (USCIS) will release a revised Form I-129, which all H-1B petitioners must use starting January 17, 2025. USCIS will reject any previous edition (04/01/24) submitted after this date, with no grace period for its use.
- Streamlined Approval Process: The new rules aim to modernize the H-1B program by streamlining the approval process and increasing flexibility for employers. This includes improved oversight and integrity measures within the program.
- Stricter Compliance Requirements: The updated form reflects enhanced compliance measures, including stricter documentation requirements and consequences for non-compliance. Employers must ensure that their petitions align with the updated regulations to avoid delays or rejections.
- Changes in Definitions and Procedures: The final rule modifies several definitions related to specialty occupations, cap exemptions, concurrent employment, and more. These changes are designed to clarify the requirements for petitioners and beneficiaries alike.
Implications for the Current H-1B Applications Program
- Immediate Transition Required: Employers must familiarize themselves with the new Form I-129 and ensure that any petitions filed on or after January 17, 2025, utilize this updated form. Failure to do so could result in rejected applications, impacting workforce planning for 2025.
- Potential Delays: With the introduction of stricter compliance measures and increased documentation requirements, processing times may extend further beyond current timelines, which have already seen increases from 3-4 months to 6-8 months.
- Increased Scrutiny: The new regulations will lead to a more thorough review process for H-1B applications, likely increasing the rate of denials as USCIS enforces compliance more rigorously.
Key Takeaways
These H-1B program changes are another example of USCIS continuing to ensure the application process is more equitable and less fraudulent. All these revisions, from the new registration system to increased filing fees to the introduction of online filing, are meant to make the H-1B process more effective and safer. So if you are going to be applying for an H-1B visa in the coming seasons, stay informed of this change and plan accordingly.
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