On January 30, 2024, the Department of Homeland Security posted a final rule amending its regulations relating to the H-1B registration selection process. The final rule includes the following provisions:
A beneficiary-centric selection process for H-1B registrations, where USCIS will select by unique beneficiary rather than by registration. This new process is designed to reduce the potential for “gaming the system” and make it more likely that each beneficiary would have the same chance of being selected, regardless of how many registrations are submitted on their behalf.
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, consistent with current USCIS policy.
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.
USCIS also announced that the initial registration period for the FY 2025 H-1B cap will open at noon Eastern on March 6, 2024, and run through noon Eastern on March 22, 2024.
Starting with the FY 2025 initial registration period, USCIS will require registrants to provide valid passport information or valid travel document information for the beneficiary. 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.
USCIS also confirmed that the registration fee for FY 2025 will remain $10. Increases in H-1B-related filing fees will go into effect April 1, 2024.