Immigration laws, requirements and procedures are constantly changing. In fact, just recently, the U.S. Citizenship and Immigration Services (USCIS) announced new measures to strengthen the integrity of the H-1B program. The objective behind these changes is to protect the program from fraud and abuse while ensuring that H-1B visas are awarded to the most skilled and qualified applicants.
How is it different from the previous H-1B program?
The H-1B visa program serves as a pathway for skilled workers seeking employment in the United States. If you have immigration needs related to the H-1B visa program, you must understand these new measures and how they can affect your situation, directly or indirectly. Here are the latest and supposedly stronger measures in place:
- Beneficiary-centric selection: Each H-1B registration will now focus on the individual beneficiary rather than the employer’s registration, ensuring fair chances for all. This change minimizes the potential for multiple submissions for the same beneficiary, thereby reducing the possibility of fraud.
- Required passport information: You will need to provide valid passport or travel document information for each beneficiary. The document must be the one the beneficiary intends to use for U.S. entry upon visa issuance.
- Flexible start dates: USCIS permits flexibility with the requested employment start dates, allowing filings after October 1 of the relevant fiscal year. The adjustment aligns with the current policy and provides more options for employers and beneficiaries.
- New denial and revocation rules: The USCIS can now deny or revoke H-1B petitions linked to registrations with false attestations or that were invalid. Fee issues such as declined or disputed payments after registration submission can also lead to petition denials or revocations.
The new measures are in place to increase fairness and transparency. USCIS will provide more information to the public about the H-1B program, including the number of petitions they received, approved and denied.
What do these changes mean for you?
If you are a foreign national looking to work in the U.S. through the H-1B program, you now stand an equal chance of being selected in the H-1B lottery, irrespective of the number of registrations an employer submits on your behalf. You must always triple-check the information you provide, especially passport details, as USCIS is taking stronger measures to prevent fraud. The registration fee for the upcoming March 2024 period remains at $10 but expect changes with the new Fee Schedule rule after this period.
Remember, each immigration case is unique. Stay informed and always thoroughly prepare yourself before beginning the immigration process.