H-1B Registration Opens March 6th!
As March approaches, so does the opening of the H-1B registration period for FY2025. For many skilled foreign workers and employers alike, this marks a crucial time to secure work authorization in the United States. The H-1B visa program allows U.S. employers to temporarily employ foreign workers in specialty occupations, and with the registration window opening from March 6th to March 22nd, now is the time to act.
The H-1B visa program is highly competitive, with a limited number of visas available each year. In recent years, the demand for H-1B visas has consistently exceeded the annual cap, last year seeing a record number of registrations. Therefore, it’s essential for employers and prospective employees to prepare well in advance to maximize their chances of success.
Here’s what you need to know:
Registration Period: The H-1B registration period for the fiscal year 2024 begins on March 6th and concludes on March 22nd. During this time, employers or their authorized representatives can submit registrations for prospective H-1B beneficiaries.
Electronic Registration Process: The registration process involves submitting basic information about the employer and the sponsored employee through the USCIS online registration system. This streamlined approach aims to simplify the process for both employers and USCIS. This year USCIS has announced the use of new organizational accounts. USCIS has posted a YouTube video on the use of organizational accounts for companies. To view the video, click here.
Beneficiary Centric Selection Process: Last year employers attempted to game the system by filing multiple registrations to increase the chances of selection for potential employees. USCIS is now implementing a new process whereby the beneficiary, rather than the employer, will be selected, based on the beneficiary’s passport number or travel document. This means that each beneficiary has the same chances of selection, irrespective of how many registrations are filed on their behalf.
Each employer who has registered a selected beneficiary has the opportunity to submit an H-1B petition: Under the finalized rule, USCIS rejects various suggestions from commenters to designate a single employer capable of filing the H-1B petition in cases of multiple employer registrations. Instead, it allows all employers who submitted a registration for a selected beneficiary to file an H-1B petition on behalf of that beneficiary. This approach affords beneficiaries the freedom to choose their ultimate employer. USCIS confirms it will adjudicate each petition when multiple employers properly file H-1B petitions for a beneficiary. Moreover, regardless of the order or approval timing, if multiple employers obtain approved H-1B petitions for a beneficiary, the beneficiary may commence work under any of the approved petitions as long as they remain valid. For instance, if four employers register Emily Smith for the H-1B lottery and she’s selected, all four employers are notified and eligible to file H-1B petitions for her. If all petitions are approved, Emily can choose any of the positions, irrespective of the filing or approval sequence. Each approved petition stands independently, and withdrawal of one does not affect others.
Random Selection Process: Following the registration period, USCIS will conduct a random selection process, commonly known as the H-1B lottery, if the number of registrations exceeds the annual cap (which it always does!) Selected registrations will be invited to submit a complete H-1B petition, starting April 1 through June 30, 2024.
Online filings: On April 1, USCIS will start accepting online H-1B filings. Previously only paper filings were permitted so this is a huge change, intended to streamline the process and reduce the overall cost and burden of the program on H-1B employers.
Key Dates to Remember:
March 6th: H-1B registration period opens.
March 22nd: H-1B registration period closes.
March 31st: USCIS intends to notify selected registrants.
April 1st: The earliest date to file H-1B petitions for selected registrants.
June 30th: The last date to file H-1B petitions for selected registrants.
Increased filing fees.
Effective April 1st, USCIS will implement revised and heightened filing fees for H-1B petitions. The basic filing fee of $460 will increase to $780.00 for employers with 26 or more employees. There is a new Asylum Program fee of $600, designed to offset certain expenses associated with asylum processing. Nonprofit employers are exempt from this fee, while small employers (25 or fewer) will pay a reduced fee of $300.
The premium processing fee increases from $2500 to $2805 starting February 26, 2024.
The good news is that the registration fee remains at $10.00 per applicant for this year!
Conclusion
As the H-1B registration period approaches, it’s crucial for employers and prospective H-1B beneficiaries to stay informed and prepared. By understanding the process, gathering necessary documentation, and seeking professional guidance when needed, individuals and businesses can navigate the H-1B visa program successfully. If you have any questions regarding the upcoming H-1B lottery, please e-mail Chris Prescott at cprescott@patellegal.com.