USCIS Announces Final H-1B Registration Rule: Selection by Beneficiary and Adjusted Registration Requirements
On January 30, 2024, USCIS announced a final H-1B registration rule that selects by unique beneficiary rather than by registration, requires valid passport or travel document information, and sets the FY2025 initial registration period from March 6 to March 22, 2024. It also introduces organizational accounts and online filing for Forms I-129 and I-907, with the registration fee remaining $10.
U.S. Citizenship and Immigration Services announced on Tuesday a final rule aimed at strengthening the H-1B registration process and reducing fraud risk. The rule includes measures to reduce manipulability of the registration system and to ensure that each beneficiary has the same chance of being selected, regardless of how many registrations their employer submits. In addition, USCIS announced the dates for the initial registration period for the FY 2025 H-1B cap and introduced an online filing option for H-1B petitioners to submit Form I-129 (petition) and Form I-907 (request for premium processing).
USCIS Director Ur M. Jaddou said the agency continually seeks ways to strengthen the registration process and reduce potential fraud risks while improving and simplifying its application processes. According to her, these improvements should make the H-1B selection process fairer for applicants and make the entire H-1B process—from registration to final decision and the transfer of approved petitions to the Department of State—fully electronic.
New H-1B Registration Rule
The new H-1B rule contains several provisions designed to create a beneficiary-centric registration process operated by employers. These include providing flexible start dates for certain H-1B petitions subject to the congressional cap and adding more integrity measures related to the registration process.
Under the beneficiary-centric process, selections will be made based on the unique beneficiary rather than on the registration itself. This new process is intended to reduce the potential for fraud and to ensure that each beneficiary has the same chance of being selected, regardless of how many registrations their employer submits. Starting with the FY 2025 initial registration period, USCIS will require registrants to provide valid passport information or valid travel document information for each beneficiary. If the beneficiary is abroad, they must provide the passport or travel document they intend to use to enter the United States. Each beneficiary may use only one passport or travel document for registration.
USCIS also clarified the requirements for requested employment start dates on certain petitions subject to the congressional H-1B cap, allowing requested start dates after October 1 of the relevant fiscal year, consistent with current policy.
In addition, the H-1B final rule authorizes USCIS to deny or revoke an H-1B petition if the registration is fraudulent or invalid. Under the new rule, USCIS may also deny or revoke approval of an H-1B petition if it finds that fees associated with a registration were rejected, not reconciled, disputed, or invalid after submission.
USCIS also announced a final rule on the fee schedule. This rule will take effect after the initial registration period for the FY2025 H-1B cap. Therefore, the registration fee for the registration period beginning in March 2024 will remain $10.
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A new version of Form I-129 will soon be available for preview on uscis.gov, incorporating changes from the H-1B registration final rule and the fee schedule final rule (version date April 1, 2024). Starting April 1, 2024, USCIS will accept only the April 1, 2024 version of Form I-129.
The H-1B registration final rule implements some provisions from the proposed rulemaking published on October 23, 2023. Additionally, the Department of Homeland Security plans to issue a separate final rule to address the remaining provisions in the proposed rule.
FY 2025 H-1B Cap Initial Registration Period
The initial registration period for the FY2025 H-1B cap will open at noon Eastern Time on March 6, 2024, and run through noon Eastern Time on March 22, 2024. During this period, prospective petitioners and their representatives, if applicable, must use a USCIS online account to electronically register each beneficiary and pay the corresponding registration fee for each beneficiary.
For more information about the H-1B cap season, visit the H-1B Cap Season webpage.
Organizational Accounts and Online Filing of Forms I-129 and I-907
USCIS will launch the previously announced organizational account on February 28, 2024. Through the USCIS online account system, multiple individuals within a company and their legal representatives can collaborate to prepare H-1B registrations, H-1B petitions, and any related Form I-907.
Also on February 28, 2024, USCIS will allow online filing of non-cap H-1B petitions (Form I-129) and related Form I-907. Starting April 1, 2024, USCIS will begin accepting online filings of cap-subject H-1B petitions and Form I-907 from petitioners whose registrations are selected.
Although petitioners may still choose to file paper Form I-129 H-1B petitions and any related Form I-907, during the initial launch of organizational accounts, users will not be able to link paper-filed Forms I-129 and I-907 to their online accounts.
Furthermore, USCIS recently announced a final rule adjusting the filing fee for Form I-907 to account for inflation, effective February 26, 2024. If USCIS receives a date-stamped Form I-907 on or after February 26, 2024, with an incorrect filing fee, USCIS will reject the Form I-907 and refund the filing fee. For submissions sent via commercial courier (such as UPS, FedEx, and DHL), the postmark date is the date reflected on the courier receipt.
