USCIS ISSUES FINAL RULE ON H-1B REGISTRATION SELECTION PROCESS
March 11, 2024
On February 2, 2024, U.S. Citizenship and Immigration Services (“USCIS”) issued a final rule implementing the proposed beneficiary-centric selection process for H-1B registrations. The H-1B non-immigrant visa program allows U.S. employers to hire professional foreign workers on a temporary basis. Such visas are limited, and USCIS manages the 65,000 annual cap for the H-1B visa category through a random selection process in high demand years. To further strengthen the process and reduce the potential for fraud, USCIS published the final rule to safeguard the integrity of the registration selection process. Specifically, the changes will impact the Fiscal Year 2025 H-1B lottery process for professional foreign workers by creating a beneficiary-centric selection process for H-1B registration. In other words, the final rule seeks to level the playing field for all beneficiaries and prevent unfair advantages given to beneficiaries of multiple registrations.
By implementing a beneficiary-centric selection process for H-1B registrations, USCIS and the U.S. Department of Homeland Security (“DHS”) anticipate that each beneficiary will have the same chance of being selected, regardless of how many registrations are submitted on their behalf. To implement greater integrity measures related to the H-1B registration process, USCIS and DHS are requiring registrations to include the beneficiary’s valid passport information or valid travel document information. The rulemaking also prohibits a beneficiary from being registered under more than one passport or travel document.
The initial registration period for the Fiscal Year 2025 H-1B lottery opens on March 6, 2024, and concludes on March 22, 2024. After the registration window closes, USCIS conducts a random H-1B lottery among submitted registrations with selections being made by March 31, 2024. The final rule becomes effective on March 4, 2024.
If you have any questions, please contact Evelyn Sahr at 202.659.6622 or esahr@eckertseamans.com; Drew Derco at 202-659-6665 or dderco@eckertseamans.com; Jay Julien at 202.659.6648 or jjulien@eckertseamans.com, or any other attorney at Eckert Seamans with whom you have been working.
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