Latest Developments in H-1B Visa Processing for FY 2025
The US Citizenship and Immigration Services (USCIS) has implemented a new rule for the fiscal year 2025 (FY 2025) H-1B cap in an effort to bolster the reliability of the registration system and address concerns related to fraud. This rule is designed to establish a beneficiary-centric selection process, aiming to ensure fairness and equal opportunities for all individuals seeking H-1B visas. The primary focus is on treating every beneficiary impartially during the selection process, regardless of the number of registrations submitted on their behalf. The initial registration period for the FY 2025 H-1B cap is set to open on March 6, 2024, and will run until March 22, 2024.
Key Changes and Criteria for H1-B Visa Selection:
1. Unique Beneficiary Selection: Registrations will now be chosen based on unique beneficiaries, reducing the potential for fraud and ensuring an equitable chance of selection for all.
2. Passport Information Requirement: Starting with the FY 2025 initial registration period, USCIS will mandate registrants to provide valid passport information or valid travel document information for each beneficiary.
3. Employment Start Date Clarification: The final rule clarifies requirements regarding the requested employment start date on certain petitions subject to the H-1B cap, allowing filing with requested start dates after October 1 of the relevant fiscal year.
4. USCIS Authority to Deny or Revoke: The rule codifies USCIS’ authority to deny or revoke H-1B petitions if the registration contains false attestation or is otherwise invalid.
5. Fee Schedule: USCIS has also introduced a Fee Schedule final rule, effective after the initial registration period for FY 2025 H-1B cap.
6. Organisational Accounts and Online Filing: USCIS will launch organisational accounts on February 28, 2024, facilitating collaboration on H-1B registrations, petitions, and associated forms. Online filing of Form I-129 and Form I-907 for non-cap H-1B petitions will commence on the same date.
7. Paper and Online Filing Options: While petitioners can still file paper Form I-129 H-1B petitions, online filing options will be available starting April 1, 2024.
For those unfamiliar, the H-1B visa is a non-immigrant visa that allows US companies to employ foreign workers in specialty occupations requiring theoretical or technical expertise. Technology companies, particularly from countries like India and China, heavily rely on it to hire tens of thousands of employees each year.
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