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New H-1B Visa Rules From October, US Announces Fresh Selection Criteria

A new rule regarding the fiscal year 2025 (FY 2025) H-1B cap has been announced by US Citizenship and Immigration Services (USCIS), with the goal of strengthening the integrity of the H-1B registration process and reducing fraud.
Regardless of the quantity of registrations submitted on their behalf, the rule ensures fairness and equal opportunities for all beneficiaries by instituting a beneficiary-centric selection process.

USCIS will launch organisational accounts on February 28, 2024, allowing collaboration on H-1B registrations, petitions, and associated forms. Online filing of Form I-129 and Form I-907 for non-cap H-1B petitions will also commence on the same date.

While petitioners can continue to file paper Form I-129 H-1B petitions, online filing options will be available starting April 1, 2024.

The final rule permits filing with requested start dates after October 1 of the relevant fiscal year, clarifying requirements regarding the requested employment start date on certain petitions subject to the H-1B cap.

The regulation formalizes USCIS’s authority to reject or cancel H-1B petitions in the event that the registration is erroneous or contains false attestation.

Additionally, USCIS has released the final Fee Schedule rule, which will take effect following the initial FY 2025 H-1B cap registration period.

The FY 2025 H-1B cap’s initial registration period will begin on March 6, 2024, and end on March 22, 2024.

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