H1-B Visa: Fresh Selection Criteria, New Rules Announced. 7 Things to Know

H1-B Visa Latest News: In a bid to enhance the reliability of the H-1B registration system and address concerns related to fraud, the US Citizenship and Immigration Services (USCIS) has introduced a new rule for the fiscal year 2025 (FY 2025) H-1B cap. This rule focuses on a beneficiary-centric selection process, aiming to promote fairness and equal opportunities for all individuals seeking H-1B visas. This means that every beneficiary, regardless of the number of registrations submitted on their behalf, will be treated fairly in the selection process. The initial registration period for the FY 2025 H-1B cap will open on March 6, 2024, and continue till March 22, 2024.

Fresh Selection Criteria, New Rules For H1-B Visa

1. Registrations will now be selected based on unique beneficiaries, reducing the potential for fraud and ensuring equal chances of selection.
2. Beginning with the FY 2025 initial registration period, USCIS will mandate registrants to provide valid passport information or valid travel document information for each beneficiary.
3. The final rule clarifies requirements regarding the requested employment start date on certain petitions subject to the H-1B cap, allowing filing with requested start dates after October 1 of the relevant fiscal year.
4. The rule codifies USCIS' ability to deny or revoke H-1B petitions if the registration contains false attestation or is otherwise invalid.
5. USCIS has also announced a Fee Schedule final rule, effective after the initial registration period for FY 2025 H-1B cap.
6. USCIS will launch organisational accounts on February 28, 2024, allowing collaboration on H-1B registrations, petitions, and associated forms. Online filing of Form I-129 and Form I-907 for non-cap H-1B petitions will also commence on the same date.
7. While petitioners can continue to file paper Form I-129 H-1B petitions, online filing options will be available starting April 1, 2024.

For the unversed, the H-1B visa is a non-immigrant visa that allows US companies to employ foreign workers in speciality occupations that require theoretical or technical expertise. Technology companies depend on it to hire tens of thousands of employees each year from countries like India and China.