USCIS Strengthens H-1B Program Integrity with Beneficiary-Centric Selection Final Rule - Fuller & Fuller LLP

In a significant move towards fortifying the integrity of the H-1B registration process, the United States Citizenship and Immigration Services (“USCIS”) announced on January 30, 2024, a final rule implementing a series of strengthened measures. The focus of these enhancements lies in ensuring fairness and transparency in the selection process, with a notable shift towards a beneficiary-centric approach.

The H-1B visa program has long been a critical pathway for skilled foreign workers to enter into the United States and contribute their specialty expertise to the U.S. labor market.  However, long-running concerns over the fairness and objectivity of the selection process have prompted USCIS to reevaluate and reinforce the system.

Under the beneficiary centric process, registrations will be selected by unique beneficiary rather than by registration.  Accordingly, each beneficiary will have the same chance of being selected, regardless of the number of unique registrations submitted on their behalf. To achieve this goal, USCIS will require registrants to provide valid passport information or valid travel document information for each beneficiary.  The passport or travel document provided must be the one the beneficiary, if or when abroad, intends to use to enter the United States if issued an H-1B visa. Each beneficiary must only be registered under one passport or travel document.  We envision that this will reduce fraud and unfair play that has recently characterized the H-1B registration process, creating a more equitable system for petitioners and beneficiaries alike.  

Within the January 30, 2024, final rule, USCIS also announced the following:

• -H-1B CAP-subject petitions will be able to request a start date after October 1^st of the relevant fiscal year;
• -USCIS will have the ability to deny or revoke H-1B petitions where the underlying registration contained a false attestation or was otherwise invalid;
• -USCIS will have the ability deny or revoke the approval of an H-1B petition if it determines that the fee associated with the registration is declined, not reconciled, disputed, or otherwise invalid after submission; and
• -The Fiscal Year 2025 H-1B registration fee will remain $10.