On February 2, 2024, the Department of Homeland Security (DHS) posted a final rule amending its regulations relating to the H-1B registration selection process which includes the following provisions:
- A beneficiary-centric selection process for H-1B registrations, where USCIS will select by unique beneficiary rather than by registration.
- Start date flexibility for certain H-1B cap-subject petitions, permitting filing with requested start dates that are after October 1 of the relevant fiscal year.
- Integrity measures that codify USCIS' ability to deny or revoke H-1B petitions where the underlying registration contained a false attestation or was otherwise invalid, and adding a provision that USCIS may deny or revoke the approval of an H-1B petition if it determines that the fee associated with the registration is declined, not reconciled, disputed, or otherwise invalid after submission.
US Citizenship and Immigration Services (USCIS) has also announced the following:
- The initial registration period for the FY 2025 H-1B cap will open at noon Eastern time on March 6, 2024, and run through noon Eastern on March 22, 2024.
- This year, the registration fee will remain $10.00 for all registration submitted before April 1, 2024.
- Registrants will be required to provide valid passport information or valid travel document information.
- The passport or travel document provided must be the one the beneficiary, if or when abroad, intends to use to enter the United States if issued an H-1B visa.
- Each beneficiary must only be registered under one passport or travel document.
- If enough unique beneficiaries are registered by March 22, 2024, as projected to reach the H-1B numerical allocations, USCIS will randomly select from among those unique beneficiaries and send selection notifications via users' USCIS online accounts.
- If enough unique beneficiaries are not registered, all of the properly registered beneficiaries will be selected.
- USCIS intends to notify account holders and upload selection notifications to their accounts by March 31, 2024.
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