USCIS H-1B Final Rules Released

02/01/2024 10:53 AM | Maggie Garry (Administrator)

On January 30th, the U.S. Citizenship and Immigration Services (USCIS) announced the publication of two final rules regarding H-1B Registrations.  The H1-B process is used by employers wanting to hire nonimmigrant workers in specialty occupations.  United States employers must first electronically register for each prospective visa recipient they would like to hire.  Those selected in the H1-B "lottery" may then file the paperwork to obtain the visa.  

The H-1B Registration Final Rule should take effect 30 days from February 2nd.  Under the Final Rule, USCIS will:

1. Implement a Beneficiary-Centric Selection Process for H-1B Registrants.  Registrants will be selected by unique beneficiary instead of by registration reducing the risk for fraud.

2. Implement integrity measures for the H-1B Process.  

3. Provide start date flexibility for certain H-1B cap-subject petitions.  

In addition, the USCIS Fee Final Rule will take effect on April 1st which will increase fees.  The H-1B Pre-Registration Fee will increase from $10 to $215.  However, this will not be applicable until fiscal year 2025 for the H-1B registration.  The final rule will also provide discounts for nonprofits and small businesses.  

Sioux Empire SHRM is a 501(c)6 non-profit organization. | PO Box 1302 | Sioux Falls, SD 57101 | Chapter #217

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