H-1B Dates for Filing and Final Rule Modernizing Program Announced

H-1B Dates for Filing and Final Rule Modernizing Program Announced

The U.S. Citizenship and Immigration Services (USCIS) has announced the dates for H-1B filing in 2024. It also mentioned a final rule to modernize the process. This announcement confirmed that the H-1B cap filing period will open on March 6, 2024, including significant updates for employers and foreign national workers.

The registration period for fiscal year 2025 will run from March 6, 2024, through March 22, 2024. Employers and their representatives may electronically register their beneficiaries during this period. They must apply in this timeframe and pay the associated fee to participate in the selection process.

For this season, employers must utilize the USCIS’s previously announced organizational accounts. These accounts allow multiple people to collaborate on the same account. Those authorized to use the same account include those within the same organization and the organization’s legal representatives.

Interested parties can expect more changes for this H-1B cap season due to the newly announced final rule. For example, the rule introduced the anticipated beneficiary-centric selection process. All registrants now have the same selection odds in the H-1B lottery. As such, the number of filed registrations no longer influences an applicant’s chances.

Alongside this selection system, the USCIS introduced additional regulations to reduce potential fraud and abuse of the H-1B visa program. For example, the USCIS may deny or revoke approved H-1B petitions for valid reasons. Cited reasons include an underlying registration or associated fee with a registration proved invalid.

USCIS Director Ur M. Jaddou stated, “We’re always looking for ways to bolster integrity and curtail the potential for fraud while improving and streamlining our application processes.” The director also claimed, “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.”

Under this final rule, the USCIS will require employers to provide passport or travel document information for all intended beneficiaries. This information must be the same documentation the beneficiary plans to use if/when they enter the United States. Employers intending to participate in the selection process should prepare as the application start date approaches.

While preparing, employers should not overlook the basics, such as the employment eligibility verification (Form I-9) process. One way to ensure compliance is to incorporate an electronic I-9 management system into the hiring process. This system can automate the process with step-by-step guidance, digital storage, and helpful reminders of when to take action.

Automate your employment eligibility verification today with the ensured compliance of I-9 Compliance.