New Passport Rules in FY2025 H-1B Registration Aim to Curb Fraud

Key Takeaways

• H-1B FY2025 registration requires valid passport or travel document entry from March 6, 2024, to March 22, 2024.
• Passports must be valid during registration, match intended travel, and have six-month validity beyond the authorized U.S. stay.
• Employers must verify passport authenticity, track expirations, and prepare for USCIS document requests to ensure compliance.

The H-1B registration process for fiscal year 2025 includes updated requirements, specifically the documentation and verification of a beneficiary’s valid passport or travel document. These changes aim to improve the accuracy of registrations and reduce fraudulent applications. It is crucial for employers to understand how to meet these requirements to ensure smooth progress through both the H-1B registration and petition filing stages. Below is a step-by-step guide for employers documenting and verifying valid passports or travel documents, as well as tips on maintaining compliance throughout this process.

Passport Requirements for FY2025 H-1B Registration

From March 6, 2024, at noon Eastern to March 22, 2024, at noon Eastern, all employers filing H-1B registrations must enter valid passport or travel document information for each beneficiary. This rule is part of USCIS requirements to uphold the integrity of the H-1B registration process. Employers must note the following key points:

1. A Valid Document is Mandatory
   The passport or travel document provided during the registration must be valid at the time of submission. If a document has expired and has not been extended, it cannot be used for registration.

2. Specific Document Rules Apply

   • The passport or travel document submitted should be the same one the beneficiary plans to use if they obtain the H-1B visa and travel to the United States.
   • Each beneficiary’s registration must correspond to only one passport or travel document.
   • Ensure the passport remains valid for at least six months beyond the beneficiary’s authorized stay in the U.S.

Verifying Passport Validity During Registration

Employers need to take several steps to verify the validity of the passport before submission. This ensures compliance with the H-1B registration rules and avoids complications later. The steps are as follows:

1. Obtain a Clear Copy
   Request the biographical page of the beneficiary’s passport. This page contains details such as the name, passport number, and expiration date. Employers must keep a high-quality, legible copy in their records.

2. Check for Expiration
   Verify that the expiration date falls beyond the registration period (March 2024). Expired passports are not acceptable for registration.

3. Cross-Check Passport Details
   Compare the passport number and biographical details with the information provided by the beneficiary to prevent data mismatches that could lead to application denials.

4. For Beneficiaries Already in the U.S.
   If the beneficiary is in the United States, confirm that the passport matches the one they used during their most recent entry.

Handling Special Passport Cases

Not all passport scenarios are straightforward. Employers may encounter unique cases where additional steps are necessary:

1. Facially Expired Passports with Automatic Extensions
   Some countries, such as Venezuela, may automatically extend the validity of facially expired passports. These documents can still be considered valid, but employers must:
   • Record the expiration date based on the extension, not the date printed on the passport.
   • Collect proof of the extension to provide at the petition filing stage, if needed.
2. Passports Expiring After Registration
   If a beneficiary’s passport expires between the registration period and the H-1B petition filing (for selected beneficiaries), ensure the following:
   • Enter details from the new valid passport on Form I-129, Part 3, Page 3 during the petition process.
   • Include copies of both the old and the new passport.
   • Provide written clarification for why the passport details have changed.

Required Documentation During the Petition Filing Stage

When filing the official H-1B petition for selected beneficiaries, additional documentation demonstrating the passport’s validity is required. Employers should include the following:

1. Passport Biographical Page
   Submit a complete copy of the biographical page showing the name, expiration date, and full text from the MRZ (machine-readable zone) at the bottom.

2. If Applicable, Previous Passports
   If the paper Form I-94 or electronic I-94 was issued using an older passport, include a copy of that older document in the petition package.

3. Other Documents Supporting the Beneficiary’s Status

   • Most recent electronic I-94 record, which confirms the beneficiary’s current visa status.
   • A copy of the valid H-1B visa stamp (for visa-required beneficiaries).
   • Form I-797 Notice of Approval, if the beneficiary’s H-1B status has already been granted.

Ensuring Document Authenticity

Employers are responsible for ensuring that the documents they collect and submit are authentic and accurate. To do this, employers should:

1. Use clear and high-resolution scans for all documents submitted.
2. Compare scanned copies to the original documents wherever possible.
3. Verify consistency across all documents to ensure names, dates, and numbers align.
4. Check for any signs of tampering, such as photoshopped alterations or unclear markings.

Maintaining Compliance Beyond Registration

To remain compliant throughout the H-1B process, employers must take proactive steps beyond the initial application stage, including:

1. Track Passport Expiry Dates
   Set up a system to monitor and track beneficiaries’ passport validity. Send reminders for renewals well in advance of expiration dates.

2. Keep Records Updated
   If a passport changes during the beneficiary’s H-1B employment, update internal records promptly. New passport information must be reported on future extensions or amendments.

3. Respond to USCIS Requests
   USCIS may require additional documents or clarifications during the adjudication process. Be prepared to provide the requested documents promptly to avoid processing delays.

Recent Changes to the H-1B Process

This passport requirement is part of wider efforts by USCIS to tighten H-1B program rules. As of March 4, 2024, a final rule aims to further enhance the registration process. Additionally, a pilot program for domestic H-1B visa renewals has been announced, running from January 29, 2024, to April 1, 2024. While this pilot program is unrelated to initial registrations, it highlights the evolving nature of policies affecting H-1B workers.

Conclusion

Meeting the passport requirement for FY2025 H-1B registrations is essential for employers sponsoring foreign nationals. Employers must follow precise steps to verify and document valid passports or travel documents, helping avoid unnecessary complications or delays. Regular monitoring, robust recordkeeping, and compliance with evolving USCIS requirements will smooth the H-1B process. For additional guidance and official resources on H-1B program requirements, employers can consult the USCIS H-1B Cap Season webpage. As noted by VisaVerge.com, understanding these nuances is critical for successful sponsorship under this competitive program.

Maintaining care and precision with these updated requirements will prevent unnecessary hurdles and help employers and beneficiaries navigate the process successfully.

Learn Today

H-1B Visa → A U.S. visa allowing employers to temporarily employ foreign workers in specialty occupations requiring specialized knowledge.
Beneficiary → The individual for whom an employer files a visa petition, seeking permission to work in the United States.
USCIS → U.S. Citizenship and Immigration Services, the agency responsible for processing immigration and non-immigration petitions.
I-94 Record → An official document issued to international visitors in the U.S., stating lawful admission details and authorized stay duration.
Machine-Readable Zone (MRZ) → The section on a passport biographical page containing encoded identification details, formatted for automated computer recognition.

This Article in a Nutshell

Simplifying the FY2025 H-1B Passport Rules
New H-1B registration rules require valid passport details for FY2025 beneficiaries, ensuring accuracy and reducing fraud. Employers must verify passport validity, track expiration dates, and provide consistent documentation. Staying compliant with USCIS protocols through precise recordkeeping avoids delays, enabling a smoother process for successful H-1B sponsorship under these updated requirements.
— By VisaVerge.com

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