On Jan. 30, 2024, U.S. Citizenship and Migration Solutions (USCIS) revealed a last guideline relating to the H-1B cap electronic registration procedure for (FY) 2025. The statement likewise consisted of the preliminary registration duration dates for the FY 2025 cap and the launch of an online filing alternative for H-1B petitioners. The brand-new guideline, efficient March 4, 2024, is planned to “reinforce the stability of and lower the capacity for scams in the H-1B registration procedure.”
The last guideline develops a beneficiary-specific H-1B cap registration choice procedure. Under this brand-new procedure, H-1B cap registrations will be chosen by recipient instead of by business registration, as held true formerly. This is created to lower the possibility of a recipient acquiring an unjust benefit by having several companies send H-1B cap registrations on their behalf. According to USCIS, the brand-new procedure is intended to guarantee each recipient has the exact same opportunity of being chosen, despite the variety of registrations that are sent by companies for the exact same recipient. Starting with the FY 2025 H-1B cap registration duration, companies will be needed to offer legitimate passport details or legitimate travel file details for each recipient. The passport supplied need to be the one the recipient plans to utilize to get in the United States if provided an H-1B visa while abroad. Each recipient might just be signed up under one passport or travel file. The H-1B last guideline likewise codifies USCIS’ capability to reject or withdraw H-1B petitions where the underlying registration consists of an incorrect attestation or is otherwise void.
Even more, USCIS revealed on Jan. 30, 2024, that the preliminary registration duration for the FY 2025 H-1B cap will open at midday EST March 6, 2024, and will go through midday EST March 22, 2024. Throughout this registration duration, companies and their agents need to utilize a USCIS online account to sign up each recipient digitally for the choice procedure and pay the $10 registration cost for each recipient.
In addition, in the brand-new guideline, USCIS clarifies that asking for an H-1B cap work start date after Oct. 1 of the appropriate is allowable.
USCIS likewise provided a cost schedule last guideline to change specific migration and naturalization advantage demand charges for the very first time because 2016. This guideline with enter into impact after this year’s H-1B cap registration duration.