US Announces New Selection Criteria For FY 2025; Check Initial Registration Rule, Streamlining Process

US Broadcasts New Choice Standards For FY 2025; Examine Preliminary Registration Rule, Streamlining Course of

Ranging from the FY 2025 preliminary registration interval, USCIS would require registrants to offer legitimate passport data or legitimate journey doc data for every beneficiary.

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The US Citizenship and Immigration Providers (USCIS) has applied a brand new rule to strengthen the integrity of the H-1B registration course of and scale back the chance of fraud. This rule, which shall be efficient from the fiscal yr 2025 (FY 2025) H-1B cap, introduces a beneficiary-centric choice course of. The aim is to make sure equity and equal alternatives for all beneficiaries, whatever the variety of registrations submitted on their behalf.

Below the brand new rule, registrations shall be chosen based mostly on distinctive beneficiaries, quite than the variety of registrations submitted. This modification goals to scale back the potential for fraud and be sure that all beneficiaries have an equal probability of being chosen. Ranging from the FY 2025 preliminary registration interval, USCIS would require registrants to offer legitimate passport data or legitimate journey doc data for every beneficiary.

Moreover, the ultimate rule clarifies the necessities for the requested employment begin date on sure petitions topic to the H-1B cap. Petitions can now be filed with requested begin dates after October 1 of the related fiscal yr.

USCIS has additionally introduced the launch of a web based submitting choice for Varieties I-129, Petition for a Nonimmigrant Employee, and Kind I-907, Request for Premium Processing Service, for H-1B petitioners.

H-1B Registration Last Rule

  • This ultimate rule accommodates provisions that may create a beneficiary-centric choice course of for registrations by employers, codify begin date flexibility for sure petitions topic to the congressionally mandated H-1B cap, and add extra integrity measures associated to the registration course of.
  • Below the beneficiary centric course of, registrations shall be chosen by distinctive beneficiary quite than by registration.
  • Beginning with the FY 2025 preliminary registration interval, USCIS would require registrants to offer legitimate passport data or legitimate journey doc data for every beneficiary.
  • The passport or journey doc offered have to be the one the beneficiary, if or when overseas, intends to make use of to enter the US if issued an H-1B visa. Every beneficiary should solely be registered beneath one passport or journey doc.
  • USCIS can be clarifying necessities relating to the requested employment begin date on sure petitions topic to the congressionally mandated H-1B cap to allow submitting with requested begin dates which might be after Oct. 1 of the related fiscal yr, according to present coverage.
  • Moreover, the H-1B ultimate rule codifies USCIS’ means to disclaim or revoke H-1B petitions the place the underlying registration contained a false attestation or was in any other case invalid.
  • Additionally beneath the brand new rule, USCIS could deny or revoke the approval of an H-1B petition if it determines that the price related to the registration is declined, not reconciled, disputed, or in any other case invalid after submission.
  • USCIS has additionally introduced the Charge Schedule ultimate rule. That rule will go into impact after the preliminary registration interval for the FY 2025 H-1B cap. Due to this fact, the registration price through the registration interval beginning in March 2024, will stay $10.
  • A brand new version of Kind I-129 with the H-1B Registration ultimate rule and Charge Schedule ultimate rule modifications will quickly be out there to preview on uscis.gov (version date 04/01/24). On April 1, 2024, solely the 04/01/24 version of Kind I-129 shall be accepted.
  • The H-1B Registration ultimate rule makes ultimate some provisions proposed within the Oct. 23, 2023, Discover of Proposed Rulemaking (NPRM). Notice that DHS intends to publish a separate ultimate rule to deal with the remaining provisions contained within the NPRM.

FY 2025 H-1B Cap Preliminary Registration Interval

The preliminary registration interval for the FY 2025 H-1B cap will open on March 6, 2024, and run by means of March 22, 2024. Throughout this era, potential petitioners and their representatives, if relevant, should use a USCIS on-line account to register every beneficiary electronically for the choice course of and pay the related registration price for every beneficiary.

The H-1B program is a crucial pathway for expert overseas employees to contribute to the US economic system. It permits US employers to rent extremely expert employees from different nations in specialty occupations. This system has been topic to scrutiny lately, with considerations about fraud and abuse. The brand new rule goals to deal with these considerations and strengthen the integrity of this system.



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