The H-1B visa application submission process for the fiscal yr 2025 would begin from March 6, a US federal company mentioned Tuesday because it introduced a serious overhaul of its annual lottery for this speciality occupation visa.
The H-1B visa is a non-immigrant visa that enables US firms to make use of international staff in speciality occupations that require theoretical or technical experience. Technology firms rely on it to rent tens of 1000’s of workers every year from international locations like India and China.
The new system, amongst different issues, consists of provision of a beneficiary-centric choice process for registrations by employers. As a consequence, not like up to now of a number of purposes by a person that always resulted in abuse in fraud of the system, the H-1B visa purposes would now be counted and accepted based mostly on particular person candidates. Even if one particular person recordsdata a number of purposes for varied firms, they might be counted as one application based mostly on their private credentials like passport numbers.
US Citizenship and Immigration Services (USCIS) additionally introduced a set of recent guidelines that are geared toward strengthening the integrity of and decreasing the potential for fraud within the H-1B registration process. This consists of decreasing the potential for gaming the registration system and making certain every beneficiary would have the identical likelihood of being chosen, whatever the variety of registrations submitted on their behalf, the federal company mentioned.
“We’re always looking for ways to bolster integrity and curtail the potential for fraud while improving and streamlining our application processes,” mentioned USCIS Director Ur M. Jaddou.
“The improvements in these areas should make H-1B selections more equitable for petitioners and beneficiaries and will allow for the H-1B process to be fully electronic from registration, if applicable, until final decision and transmission of approved petitions to the Department of State,” he mentioned.
USCIS mentioned the preliminary registration interval for the fiscal 2025 H-1B cap will open at midday Eastern on March 6, and run via March 22. During this era, potential petitioners and their representatives, if relevant, should use a USCIS on-line account to register every beneficiary electronically for the choice process and pay the related registration payment for every beneficiary.
Starting February 28, firms can be allowed to open their account which can be utilized to begin and full the registration process.
USCIS mentioned this last rule incorporates provisions that can create a beneficiary-centric choice process 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 process.
According to USCIS, underneath the beneficiary centric process, registrations will probably be chosen by distinctive beneficiary relatively than by registration. This new process is designed to scale back the potential for fraud and guarantee every beneficiary would have the identical likelihood of being chosen, whatever the variety of registrations submitted on their behalf by an employer, it mentioned.
Starting with fiscal 2025, that begins on October 1, 2024, preliminary registration interval, USCIS would require registrants to present legitimate passport info or legitimate journey doc info for every beneficiary.
The passport or journey doc supplied have to be the one the beneficiary, if or when overseas, intends to use to enter the United States if issued an H-1B visa. Each beneficiary should solely be registered underneath one passport or journey doc, it mentioned.
USCIS can also be clarifying necessities concerning the requested employment begin date on sure petitions topic to the congressionally mandated H-1B cap to allow submitting with requested begin dates which are after October 1 of the related fiscal yr, in keeping with present coverage.
Also, the H-1B last rule codifies USCIS’ skill to deny or revoke H-1B petitions the place the underlying registration contained a false attestation or was in any other case invalid. Also underneath the brand new rule, USCIS might deny or revoke the approval of an H-1B petition if it determines that the payment related to the registration is declined, not reconciled, disputed, or in any other case invalid after submission, it mentioned.
In an announcement, American Immigration Lawyers Association (AILA) Director of Government Relations Sharvari Dalal-Dheini mentioned the brand new H-1B registration process will revise how lottery registration is run and create a extra equitable system.
“After last year’s registration period, when more than 750,000 registrations were submitted for 85,000 visas, it was clear that the existing system was unworkable. AILA and our partners advocated for exactly the sort of changes announced in this rule; changes that will ensure a beneficiary-centric lottery process to level the playing field,” she mentioned.
“It is commendable that DHS took steps to shift from a flawed model to one that will create a fairer system in time for this year’s registration period,” Dalal-Dheini mentioned.