US Revamps H-1B Visa Selection: New Rules Aim for Fairness and Security
The US Citizenship and Immigration Services (USCIS) has announced significant changes to the H-1B visa selection process, effective from October 2024 and impacting applications for fiscal year 2025 (FY 2025). These new rules aim to enhance the integrity of the system, mitigate fraud, and ensure fairer selection chances for all applicants.
Unique Beneficiary Selection: Registrations will now be selected based on individual beneficiaries, not petitions. This eliminates the advantage of submitting multiple petitions for the same beneficiary, reducing potential fraud and manipulation.
Valid Passport Information: Applicants must provide valid passport or travel document information for each beneficiary during registration. This strengthens verification and ensures clarity about who is applying.
Clarified Start Dates: Petitions with requested start dates after October 1 of the relevant fiscal year can now be filed, offering employers more flexibility.
Stricter Scrutiny: USCIS has the authority to deny or revoke petitions based on false information or invalid registrations, deterring fraudulent practices.
Organizational Accounts: A new feature allowing companies to collaborate on H-1B registrations, petitions, and forms will be launched on February 28, 2024.
Online Filing Expansion: Online filing of Form I-129 (H-1B Petition) and Form I-907 (Request for Premium Processing Service) for non-cap-subject petitions will begin on February 28, 2024, streamlining the process.
Impact and Analysis: These changes are expected to bring several benefits:
Reduced Fraud: The unique beneficiary selection and stricter verification measures are likely to decrease fraudulent activities and ensure a more level playing field for legitimate applicants.
Increased Fairness: Eliminating the practice of submitting multiple petitions for a single beneficiary offers equal opportunities for all applicants, regardless of their employer’s resources.
Improved Efficiency: Online filing options and organizational accounts can expedite the process for both applicants and USCIS.
However, some potential
concerns exist:
Implementation Challenges: Integrating the new system smoothly and ensuring seamless user experience might require adjustments and adaptation.
Companies accustomed to filing multiple petitions may need to adjust their strategies, potentially affecting their ability to secure desired candidates.
Overall, the revamped H-1B visa selection process represents a significant step towards a more secure, fair, and efficient system. While navigating the changes might require initial adjustments, the long-term benefits for both applicants and the US economy are promising.