In a recent announcement, U.S. Citizenship and Immigration Services (USCIS) revealed pivotal final rule aimed at fortifying the integrity of the H-1B registration process and minimizing the potential for fraud. This comprehensive update includes beneficiary-centric selection, flexible petition start dates, and heightened integrity measures to ensure fairness and transparency.

The H-1B CAP registration – Important Dates

The H-1B CAP registration period opens on March 6, 2024, and concludes on March 22, 2024. Prospective petitioners must use a USCIS online account for electronic registration and fee payment. The registration fee remains $10 during the March 2024 registration period. With an expert attorney’s assistance, U.S. employers can mitigate potential risks associated with the H-1B CAP registration process. Mistakes and inaccuracies in the registration process can result in delays and denials of the H-1B CAP petitions. Attorneys play a crucial role in ensuring that the registration process is conducted ethically and within the legal boundaries. This helps protect against potential fraudulent practices and prevent complications that may arise later in the immigration process.  

The H-1B CAP registration - Organizational Accounts and Online Filing Updates

Organizational accounts launch on February 28, 2024, facilitating collaboration for H-1B CAP registrations, petitions, and associated Form I-907. Online filing for Form I-129 and Form I-907 for non-cap H-1B petitions starts on February 28, with H-1B CAP petitions accepted online from April 1, 2024.

H-1B CAP registration - Final Rule Highlights

1. Beneficiary-Centric Selection:

• The revamped process prioritizes unique beneficiaries, minimizing the risk of fraud.
• Registrants must provide valid passport information or travel details for each beneficiary.

2. Start Date Flexibility:

•  USCIS introduces flexibility for requested employment start dates, allowing petitions filed after October 1 of the relevant fiscal year.

3. Integrity Measures:

• USCIS gains authority to deny or revoke H-1B petitions if the registration contains false information or is otherwise invalid.
• Denial or revocation may occur if associated registration fees are declined or deemed invalid post-submission.

4. Fee Schedule Update:

• The Fee Schedule final rule takes effect after the FY 2025 H-1B cap initial registration period.
• The registration fee remains $10 during the March 2024 registration period.

5. New Form I-129 Edition:

• An updated Form I-129 edition (04/01/24) reflecting changes will be accepted from April 1, 2024.

6. Future Final Rule:

• USCIS plans a separate final rule addressing remaining provisions from the Oct. 23, 2023, Notice of Proposed Rulemaking (NPRM).

7. Form I-907 Filing Fee Increase

• USCIS will implement a filing fee increase for Form I-907, effective February 26, 2024, to adjust for inflation. For the Form I-129 the fee will change from $2,500 to $2,805. Filings with the incorrect fee postmarked on or after February 26, 2024, will be rejected, with the fee returned. These adjustments aim to support USCIS operations, enhance services, and address the demands of the adjudication process, emphasizing the importance of timely and efficient immigration services.