Changes to the H-1B Process

The H-1B program is experiencing many updates, including integrity enhancements through a recent final rule, fee increases, and changes in processing requirements. Employers should stay informed to ensure the best chances for their valued potential employees.

H-1B Final Rule Strengthens Integrity

On January 30, 2024, U.S. Citizenship and Immigration Services (USCIS) announced a final rule intended to strengthen integrity measures for the H-1B program. This final rule implements a beneficiary-centric selection process for H–1B registrations, start date flexibility for certain H–1B cap-subject petitions, and integrity measures related to H–1B registration to reduce fraud.

1. Beneficiary-centric selection process: Each registrant is guaranteed an equal chance of being selected. No matter the number of registrations submitted on someone’s behalf, USCIS will only put each registrant into the system once. This beneficiary-centric selection process dramatically reduces the potential for gaming the system, giving each beneficiary an equal chance for selection. Note: USCIS notifies each registrant who submitted a registration on behalf of a beneficiary so all registrants can file a petition during the filing period.
2. Codifying start date flexibility: Each fiscal year, the Department of Homeland Security (DHS) provides start date flexibility for specific petitions subject to the congressionally mandated H-1B.
3. New integrity measures: The Department of Homeland Security (DHS) is adding measures to enhance integrity in the H-1B visa program registration process. These measures include requiring valid passport/travel document information, prohibiting multiple registrations per beneficiary, and allowing USCIS to deny or revoke H-1B petitions if the information is inaccurate or fraudulent.

Fee Increases Impact Employer Budgets

For now, the H-1B registration fee remains $10. Beginning March 25, 2025, the cost will increase to $215.

Starting April 1, 2024, USCIS increased the petition filing fee from $460 to $780. Additionally, USCIS is implementing an “asylum program fee” of $600 for the H-1B and other employment-based visas.

New Processing Requirements

To prevent complications, be aware of the following changes to H-1B processing requirements:

• The updated electronic H-1B visa filing system requires a new organizational account. This new system allows multiple people to collaborate on H-1B registrations and petitions.
• USCIS now accepts online filing for H-1B lottery application submissions selected in the H-1B  cap petition process. Paper filing is no longer required. Employers can find locations here if they prefer to file the I-129 form on paper.

Contact our immigration law office in Chicago, IL you are an employer interested in learning more about changes to the H-1B process or other employer immigration matters.