US announces new selection criteria for H-1B visa; know what it means for Indians

In an effort to bolster the integrity of the H-1B registration process and minimise the risks of fraud, the US Citizenship and Immigration Services (USCIS) has introduced a final rule for the fiscal year 2025 (FY 2025) H-1B visa. The primary focus of this rule is to implement a beneficiary-centric selection process, thereby ensuring fairness and equal opportunities for all beneficiaries, irrespective of the number of registrations submitted on their behalf.

Read more: 10 visas that are toughest to get
Under the new rule, registrations will be chosen based on unique beneficiaries, a significant shift aimed at reducing the potential for fraud and providing an equal chance of selection for all. Commencing with the FY 2025 initial registration period, the USCIS will require registrants to furnish valid passport information or valid travel document information for each beneficiary.


Additionally, the final rule offers clarity on the requirements related to the requested employment start date for specific petitions falling under the H-1B cap. It allows filings with requested start dates occurring after October 1 of the relevant fiscal year. Furthermore, the rule formalises the USCIS' authority to deny or revoke H-1B petitions if the registration contains false attestation or is deemed invalid.

In line with these regulatory changes, the USCIS has announced a Fee Schedule final rule, which will come into effect after the initial registration period for the FY 2025 H-1B cap.
Read more: Uttrakhand: Flight operations resume at Naini-Saini airport; to boost connectivity between Kumaon and Garhwal

The initial registration period for the FY 2025 H-1B cap is set to open on March 6, 2024, and will run through March 22, 2024. To facilitate collaboration on H-1B registrations, petitions, and associated forms, USCIS will introduce organisational accounts on February 28, 2024. Simultaneously, the online filing of Form I-129 and Form I-907 for non-cap H-1B petitions will commence on the same date.
While petitioners can still opt for the traditional paper filing of Form I-129 H-1B petitions, the USCIS will make online filing options available from April 1, 2024. USCIS Director Ur M Jaddou added that these improvements aim to render H-1B selections more equitable for both petitioners and beneficiaries, ultimately allowing for a fully electronic H-1B process from registration to the final decision.
These reforms collectively strive to augment the H-1B program's overall transparency, efficiency, and resilience against fraudulent activities.