2024 H-1B Cap Registration: A New Beneficiary Focused Process

Posted on Feb 5, 2024 by Chris Prescott and Jacqueline Trevino

USCIS recently introduced a final rule that details improvements made to the online filing of H-1B petitions. The rule focuses on establishing a beneficiary-focused selection process for employer registrations and codifies the FY 2025 registration period.

As an effort to strengthen integrity and minimize the risk of fraud in the H-1B registration process, selections will now be based on the information of an individual beneficiary rather than by the registration submitted on their behalf.   

The previous year witnessed an unprecedented surge in H-1B registrations, reaching nearly 800,000, leading to a significantly reduced selection rate. Our firm experienced a selection rate of 14%, aligning with rates reported by other legal practitioners. In contrast, the selection rate used to hover around 35%. USCIS has been cognizant of unscrupulous companies submitting multiple registrations through affiliated entities. Despite prior warnings from USCIS discouraging this behavior, the absence of consequences has allowed most employers to go unchecked. While this recent regulation is anticipated to deter the submission of multiple registrations, it does not address the potential for companies to still apply for more employees than there are available positions.

Employers will need to provide valid passport information or travel document information for each beneficiary they seek to register. Each beneficiary should be registered under only one passport or travel document, which ensures each beneficiary has an equal opportunity for selection, irrespective of the number of registrations submitted on their behalf by an employer.

The initial online registration period for the FY 2025 H-1B Cap will start on March 6, 2024, and end on March 22, 2024. The current registration fee will remain at $10 and will increase to $215 after the initial registration period.

For more information on this final rule or the H-1B registration process, please visit: https://www.uscis.gov/newsroom/news-releases/uscis-announces-strengthened-integrity-measures-for-h-1b-program.

If you have any questions regarding the above, please e-mail us at cprescott@patellegal.com and jtrevino@patellegal.com