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On this weblog publish, we share with you some new updates for the H-1B cap season for fiscal yr 2025 and past.
H-1B Cap Preliminary Registration Interval FY 2025
USCIS has introduced that the preliminary registration interval for the FY 2025 H-1B cap season will open at midday Japanese time on March 6, 2024, and run by way of midday Japanese time on March 22, 2024.
In the course of the registration interval, potential petitioners and their representatives, 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.
For extra data on the H-1B Cap Season, go to H-1B Cap Season webpage.
Organizational Accounts and On-line Submitting for Kinds I-129 and I-907
On February 28, 2024, USCIS will launch new organizational accounts within the USCIS on-line account webpage that can permit a number of individuals inside a corporation and their authorized representatives to collaborate on and put together H-1B registrations, H-1B petitions, and any related Type I-907, on-line.
Additionally on February 28, USCIS will launch on-line submitting of Type I-129 and related Type I-907 for non-cap H-1B petitions.
On-line Submitting of H-1B Cap Petitions and I-907 Beginning April 1, 2024
On April 1, 2024, USCIS will start accepting on-line submitting for H-1B cap petitions and related Kinds I-907 for petitioners whose registrations have been chosen.
Petitioners will proceed to have the choice of submitting a paper Type I-129 H-1B petition and any related Type I-907 if they like. Nevertheless, in the course of the preliminary launch of organizational accounts, customers will be unable to hyperlink paper-filed Kinds I-129 and I-907 to their on-line accounts.
Improve in Premium Processing Charges Efficient February 26, 2024
As a reminder, USCIS just lately introduced a ultimate rule growing the submitting price for Type I-907, Request for Premium Processing Service, from $2,500 to $2,805 for I-129 H-1B petitions, and different classifications, efficient February 26, 2024.
If USCIS receives a Type I-907 postmarked on or after Feb. 26, 2024, with the wrong submitting price, USCIS will reject the Type I-907 and return the submitting price. For filings despatched by industrial courier (comparable to UPS, FedEx, and DHL), the postmark date is the date mirrored on the courier receipt.
Moreover, USCIS will lengthen the premium processing adjudication interval from 15 calendar days to enterprise days, which can extend premium processing adjudications by one week or extra, relying on the case kind.
Improve in H-1B Submitting Payment and Digital Registration Payment
A brand new ultimate rule will enhance the H-1B petition submitting price from $460 to $780 efficient April 1, 2024.
H-1B Digital Registration Payment Improve Beginning FY 2026
The ultimate rule can even enhance the H-1B cap digital registration price for cap-subject H-1B petitions to $215 per registration, from $10 below the present price schedule.
The brand new registration price is not going to have an effect on FY 2025 cap registrations, for which the price will stay $10. The upper registration price might be applied beginning with the FY 2026 cap season in March 2025.
New Version of Type I-129
A brand new version of Type I-129 for H petitions and different classifications, will quickly be out there on the USCIS web site (version date 04/01/24). Efficient April 1, 2024, solely the 04/01/24 version of Type I-129 might be accepted.
New Last Rule Revealed within the Federal Register to Enhance the H-1B Digital Registration Course of and Fight Fraud
On February 2, 2024, the Division of Homeland Safety revealed a ultimate rule within the Federal Register entitled “Enhancing the H-1B Registration Choice Course of and Program Integrity,” which turns into efficient on March 4, 2024.
The aim of the ultimate rule is to strengthen the integrity and scale back the potential for fraud within the H-1B digital registration course of to make sure that beneficiaries have an equal likelihood of being chosen, regardless of the variety of registrations submitted on their behalf.
Highlights
- The Last Rule creates a beneficiary-centric choice course of for H-1B registrations
Efficient March 4, 2024, instead of choosing by registration, USCIS will choose registrations by distinctive beneficiary.
Which means that every distinctive beneficiary who has a registration submitted on their behalf might be entered into the choice course of as soon as, no matter what number of registrations are submitted on their behalf.
If a beneficiary is chosen, every registrant that submitted a registration on that beneficiary’s behalf might be notified of the beneficiary’s choice and might be eligible to file a petition for that beneficiary’s in the course of the relevant petition submitting interval.
Why the change? Altering to a beneficiary centric choice course of for H–1B registrations will scale back the potential for gaming the method to extend possibilities for choice and assist be sure that every beneficiary has the identical likelihood of being chosen, no matter what number of registrations are submitted on their behalf.
- Begin Date Flexibility for Sure H-1B Cap Petitions
The Last Rule clarifies the necessities relating to the requested employment begin date on H–1B cap-subject petitions to allow submitting with requested begin dates which might be after October 1 of the related fiscal yr.
- Integrity Measures for Digital Registration beginning with FY 2025
Beginning with the FY 2025 preliminary registration interval, USCIS would require registrants to supply legitimate passport data or legitimate journey doc data for every beneficiary. The passport or journey doc supplied have to be the one the beneficiary, if or when overseas, intends to make use of to enter america if issued an H-1B visa. Every beneficiary should solely be registered below one passport or journey doc.
Accordingly, the ultimate rule prohibits a beneficiary from being registered below multiple passport or journey doc.
DHS can also be codifying USCIS’ means to disclaim H–1B petitions or revoke an accepted H–1B petition the place: there’s a change within the beneficiary’s figuring out data from the figuring out data as acknowledged within the registration to the data as acknowledged within the petition; the underlying registration contained a false attestation or was in any other case invalid; the registration price was invalid; or the place the H–1B cap-subject petition was not primarily based on a legitimate registration.
DHS can also be additional codifying USCIS’ authority to disclaim an H petition the place the statements on the petition, H–1B registration, labor situation utility (LCA), or non permanent labor certification (TLC), as relevant, have been inaccurate, fraudulent, or misrepresented a cloth truth, together with if the attestations on the H–1B registration are decided to be false.
Lastly, DHS is codifying USCIS’ means to revoke an accepted H petition the place the statements on the petition, H–1B registration, TLC, or the LCA, as relevant, have been inaccurate, fraudulent, or misrepresented a cloth truth, together with if the attestations on the H–1B registration are decided to be false.
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