H-1B visa applications will now be counted and accepted on an individual applicant basis.
Washington:
A U.S. federal agency said on Tuesday that the H-1B visa application submission process for fiscal year 2025 will begin on March 6, while announcing major changes to the annual lottery for this special occupation visa.
The H-1B visa is a non-immigrant visa that allows U.S. companies to hire foreign workers in specialized occupations that require theoretical or technical expertise. Tech companies rely on it to hire tens of thousands of workers every year from countries like India and China.
Among other things, the new system includes a beneficiary-centric selection process for employer registration. Therefore, unlike in the past, where multiple applications by individuals often resulted in fraudulent abuse of the system, H-1B visa applications will now be counted and accepted on an individual applicant basis. Even if a person submits multiple applications for different companies, they will be counted as one application based on personal credentials such as passport numbers.
The U.S. Citizenship and Immigration Services (USCIS) also announced a new set of rules designed to strengthen the integrity of the H-1B registration process and reduce the potential for fraud. The federal agency said this includes reducing the likelihood of exploiting the registration system and ensuring that every beneficiary has the same chance of being selected, regardless of the number of registrations submitted on their behalf.
“We are always looking for ways to enhance integrity and reduce the potential for fraud while improving and streamlining our application process,” said U.S. Citizenship and Immigration Services Director Ur M. Jaddou.
“Improvements in these areas should make H-1B selection more equitable for applicants and beneficiaries and will allow the H-1B process to be fully electronic from registration (if applicable) until final determination and transmission of approved applications to the Department of State ,” He said.
USCIS said the initial registration period for the FY 2025 H-1B cap will begin at noon Eastern Time on March 6 and last until March 22. During this time, potential applicants and their representatives, if applicable, must use a USCIS online account to register each beneficiary electronically for the selection process and pay the associated registration fee for each beneficiary.
Starting February 28, companies will be allowed to open accounts, which can be used to initiate and complete the registration process.
USCIS stated that this final rule contains provisions that will create a beneficiary-centered selection process for employer enrollment, codify start date flexibility for certain petitions under the H-1B cap authorized by Congress, and increase Additional integrity measures related to the registration process.
According to USCIS, under the beneficiary-centered process, enrollment will be selected by the sole beneficiary rather than by enrollment. The new process is designed to reduce the possibility of fraud and ensure every beneficiary has the same chance of being selected, regardless of the number of registrations submitted by employers on their behalf, the report said.
Beginning with the FY 2025 initial registration period beginning October 1, 2024, USCIS will require registrants to provide valid passport information or valid travel document information for each beneficiary.
The passport or travel document provided must be the passport or travel document that the beneficiary intends to use to enter the United States while abroad after obtaining the H-1B visa or while abroad. It said each beneficiary can be registered under only one passport or travel document.
USCIS has also clarified the requirement regarding a claimed employment start date for certain petitions that are subject to the H-1B cap authorized by Congress to allow a claimed start date after October 1 of the relevant fiscal year, which is consistent with Current policies are consistent.
Additionally, the H-1B final rule provides that USCIS has the authority to deny or revoke H-1B petitions if the underlying registration contains false certification or is invalid. Additionally, under the new regulations, USCIS may deny or revoke approval of an H-1B petition if it determines that fees associated with registration were denied, inconsistent, disputed, or otherwise invalid after submission.
Sharvari Dalal-Dheini, director of government relations for the American Immigration Lawyers Association (AILA), said in a statement that the new H-1B registration process will modify the way lottery registration works and create a fairer system.
“After last year’s registration period ended and more than 750,000 applications were submitted for 85,000 visas, it is clear that the existing system is not functioning properly. AILA and our partners advocate for changes of the kind announced in this rule; these changes will ensure that beneficiaries A lottery process that is centered on a level playing field,” she said.
“To its credit, DHS has taken steps to move from a flawed model to create a more equitable system in time for this year’s enrollment period,” Dalal-Daini said.
(This story has not been edited by NDTV staff and is auto-generated from a syndicated feed.)
