February 1, 2024
The U.S. Citizenship and Immigration Services (USCIS) has published a final rule regarding the H-1B Registration process that looks to reduce the chances of fraud and provide equity regarding the beneficiary selection process. In addition to the updated selection process, the final rule will also codify start date flexibility for petitions subject to the congressionally mandated H-1B cap.
Under the new beneficiary centric process, registrations will be selected by unique beneficiary rather than by registration, which will ensure each beneficiary will have the same chance of being selected, regardless of the number of registrations submitted on their behalf by an employer. This process is designed to decrease the potential of fraud occurring.
Registrants will be required to provide valid passport information or travel document for each beneficiary, which must match the passport or travel documents used to enter the United States if an H-1B visa is issued.
Another major provision of the final rule is the codification of USCIS’ ability to deny or revoke H-1B petitions due to false attestations in the registration process as well as deny or revoke the approval of an H-1B petition if it is determined the fee associated with the registration is declined, not reconciled, disputed, or otherwise invalid after submission. The official USCIS announcement can be found here.
To discuss what potential impact this final rule can have on your future case, please request a consultation with one of our attorneys by filling out our Consultation Request Form.