USCIS Announces Strengthened Integrity Measures for the H-1B Program
U.S. Citizenship and Immigration Services (USCIS) has recently unveiled a final rule aimed at bolstering the H-1B registration process’s integrity. USCIS Director Ur M. Jaddou emphasized the agency’s commitment, stating, “We’re always looking for ways to bolster integrity and curtail the potential for fraud while improving and streamlining our application processes.” These measures are set to make the H-1B selections more equitable and fully electronic from registration to final decision.
Beneficiary-Centric H-1B Registration Final Rule
Beginning with the H-1B cap initial registration period FY 2025, a new process will be introduced, shifting focus to a beneficiary-centric approach. This new ruling enforces that:
- Registrations will be selected by unique beneficiary rather than by registration.
- Prospective registrants will need to provide valid passport information or valid travel document information for each beneficiary.
- Each beneficiary can only be registered under one passport or travel document.
The aim is to reduce multiple submissions for the same individual by employers, which could lead to a more equitable selection process and reduce fraud.
Furthermore, the H-1B final rule allows USCIS to deny or revoke H-1B petitions where the underlying registration contained a false attestation or was invalid. An important point to note is the fee structure. For the registration period starting in March 2024, the fee will remain at $10. Prospective petitioners will be allowed to preview the new edition of Form I-129 on uscis.gov effective April 1, 2024.
FY 2025 H-1B Cap Initial Registration Period
Mark your calendars for the FY 2025 H-1B cap initial registration period, which will open at noon Eastern on March 6, 2024, and run through noon Eastern on March 22, 2024. During this period:
- Prospective petitioners and their representatives must use a USCIS online account to complete the registration process.
- An associated registration fee will be required for each beneficiary, ensuring fairness in the H-1B registration process.
For complete details, you can consult the USCIS H-1B Cap Season webpage.
Online Filing for Forms I-129 and I-907
To streamline the process further, USCIS introduces online filing for Forms I-129 and I-907. Starting February 28, 2024, new organizational accounts will allow for better collaboration within an organization and legal representatives to prepare registrations and petitions. However, during the initial launch phase, users will not be able to link paper-filed forms to online accounts.
Additionally, it’s crucial for petitioners to be aware of the adjusted filing fee for Form I-907. Any Form I-907 postmarked on or after February 26, 2024, with the incorrect filing fee will be rejected. The importance of this change is highlighted in the USCIS directive which states, “If USCIS receives a Form I-907 postmarked on or after Feb. 26, 2024, with the incorrect filing fee, we will reject the Form I-907 and return the filing fee.”
USCIS Fee Schedule Adjustment 2024
In efforts to secure financial sustainability, USCIS published a final rule to adjust certain immigration and naturalization benefit request fees. This is the first adjustment since 2016 and aims to enhance service delivery and processing times. Director Jaddou acknowledged this change, stating, “For the first time in over seven years, USCIS is updating our fees to better meet the needs of our agency, enabling us to provide more timely decisions to those we serve.” The changes resulting from this fee adjustment include:
- Lowering the agency’s required annual cost recovery by nearly $730 million.
- Expanded fee exemptions for vulnerable and underserved populations like Special Immigrant Juveniles and U.S. military service members.
- Providing discounts for nonprofit organizations and small business employers.
- Offering a half-price Employment Authorization Document for certain adjustment of status applicants.
- Implementing a 50% fee reduction for naturalization applications for eligible individuals.
The final rule ensures that every fee is the same or lower than proposed in the initial rulemaking. The rule also caps the increase in most individual fees to no more than 26%—in line with the Consumer Price Index growth since 2016. The new fees under this final rule will be effective as of April 1, 2024. Stakeholders can visit the USCIS Frequently Asked Questions page to view the list of revised forms and new fees.
Conclusion
These updates demonstrate USCIS’s strong commitment to streamlining and enhancing the H-1B registration process, ensuring fairness, and maintaining the integrity of their operations. For individuals and employers participating in the H-1B program, it is crucial to stay informed about these changes and prepare for the upcoming registration periods and fee adjustments. Through these efforts, USCIS strives to deliver improved customer service, diminish backlogs, and foster a responsive immigration system.
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Glossary/Definitions:
- H-1B Program: A program that allows U.S. employers to hire foreign workers in specialty occupations. It requires employers to sponsor the foreign worker and file a petition with the U.S. Citizenship and Immigration Services (USCIS).
USCIS: U.S. Citizenship and Immigration Services, the government agency responsible for administering immigration services and benefits.
Final Rule: A regulation or policy that has completed the rulemaking process and is officially enacted.
Integrity Measures: Policies and procedures implemented to ensure compliance with laws, prevent fraud, and maintain the integrity of a program or system.
Beneficiary-Centric: A shift in focus from the registration process to the individual beneficiary or foreign worker who will benefit from the H-1B program.
Registration: The process by which employers submit their intentions to hire H-1B workers in the upcoming fiscal year.
Passport Document: An official identification document issued by a country’s government that certifies the identity and nationality of the holder.
Travel Document: A document issued to individuals who cannot obtain a passport from their home country, allowing them to travel internationally.
Multiple Submissions: The act of an employer submitting multiple registrations for the same individual in an attempt to increase their chances of selection.
Equitable Selection Process: A fair and unbiased procedure for selecting H-1B beneficiaries that ensures equal opportunities for all applicants.
Fraud: Deliberate deception or misrepresentation of information in order to obtain some benefit, such as gaining approval for an immigration application.
Petition: A formal request or application submitted by an employer to USCIS on behalf of a foreign worker, seeking to sponsor them for a specific visa status.
Revocation: The act of canceling or invalidating a previously approved petition or application.
Fee Structure: The established system for determining the amount of money required to be paid for specific services or procedures.
Cap: A numerical limit placed on the number of H-1B visas that can be issued each fiscal year.
Filing Fee: The fee paid by petitioners or applicants when submitting their immigration-related forms to USCIS.
Online Filing: The process of submitting immigration forms electronically through USCIS’s online system.
Collaboration: Working together and sharing information or resources to achieve a common goal.
Link Paper-Filed Forms: The ability to connect or associate forms submitted in physical (paper) format with an online account.
Adjusted Filing Fee: A modified or revised fee amount that must be paid when submitting an immigration form.
Financial Sustainability: The ability to maintain or support financial resources in a way that enables the effective functioning and provision of services.
Service Delivery: The timely and efficient delivery of immigration-related services, such as processing applications and making decisions.
Processing Times: The duration it takes for USCIS to review and make a decision on an immigration application or petition.
Fee Exemptions: Cases where certain individuals or groups are not required to pay the filing fee for immigration forms.
Underserved Populations: Individuals or groups who have limited access to or receive inadequate services and resources.
Adjustment of Status: The process of changing an individual’s immigration status while they are present in the United States.
Consumer Price Index: A measure of average price changes for goods and services over time, used to track inflation or deflation.
Stakeholders: Individuals or groups with a vested interest or involvement in a particular system or issue, such as foreign workers, employers, or immigration advocacy organizations.
So there you have it, folks! USCIS is taking important steps to strengthen the integrity of the H-1B program and make the registration process more fair and streamlined. From beneficiary-centric selection to online filing options, these updates are designed to curb fraud and improve customer service. It’s crucial to stay informed about these changes, and if you want to dive deeper into the topic, be sure to check out visaverge.com for more valuable information. Happy exploring!
This Article in a Nutshell:
USCIS strengthens H-1B program integrity by focusing on the beneficiary. Unique beneficiaries will be selected. Employers must provide valid passport information. Multiple submissions by employers will be reduced to prevent fraud. USCIS can deny or revoke false petitions. USCIS introduces online filing and adjusts fees to improve service delivery. Stay informed for upcoming changes.
