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Immigration News Briefs

Provided by Humera Subhani

March 2024

New H1B Program Measures Announced

To reduce the potential for fraud in the H-1B registration process, USCIS has announced a final rule to ensure that each beneficiary would have the same chance of being selected, regardless of the number of registrations submitted on their behalf.

File rule provisions for H-1B registration

This final rule contains provisions that will create a beneficiary-centric selection process for registrations by employers, codify start date flexibility for certain petitions, and add more integrity measures related to the registration process. Under the beneficiary centric process, registrations will be selected by unique beneficiary rather than by registration. Starting with the FY 2025 initial registration period, USCIS will require registrants to provide valid passport information or valid travel document information for each beneficiary. The passport or travel document provided must be the one the beneficiary, if or when abroad, intends to use to enter the United States if issued an H-1B visa. Each beneficiary must only be registered under one passport or travel document.

USCIS is also clarifying requirements regarding the requested employment start date on certain petitions subject to the congressionally mandated H-1B cap to permit filing with requested start dates that are after October 1 of the relevant fiscal year, consistent with current policy. Additionally, he H-1B final rule codifies USCIS’ ability to deny or revoke H-1B petitions where the underlying registration contained a false attestation or was otherwise invalid. Also, USCIS may deny or revoke the approval of an H-1B petition if it determines that the fee associated with the registration is declined, not reconciled, disputed, or otherwise invalid after submission. The registration fee during the registration period starting in March 2024 will remain $10.

The initial registration period for the FY 2025 H-1B cap will open at noon EST on March 6, 2024, and run through noon EST on March 22, 2024. During this period, prospective petitioners and their representatives, if applicable, must use a USCIS online account to register each beneficiary for the selection process and pay the associated registration fee for each beneficiary.

Organizational accounts and online filing

USCIS has launched the previously announced new organizational accounts in the USCIS online account that will allow multiple people within an organization and their legal representatives to collaborate on and prepare H-1B registrations, H-1B petitions, and any associated Form I-907. Also, USCIS launched online filing of Form I-129 and associated Form I-907 for non-cap H-1B petitions. On April 1, USCIS will begin accepting online filing for H-1B cap petitions and associated Forms I-907 for petitioners whose registrations have been selected.

Premium processing fees increased

USCIS has announced that effective February 26, 2024, premium processing fees will be adjusted to reflect inflationary increases from June 2021 through June 2023. Premium processing fees will increase from $2,500 to $2,805; from $1,750 to $1,965; and from $1,500 to $1,685.The premium processing services offer expedited processing for a variety of the most commonly used form types. Under the program, USCIS will take adjudicative action within specified time periods or will refund the premium processing fees. Funds generated by the fees will be used to provide premium processing services, improve existing adjudications processes, reduce processing backlogs, and enhance funding for other adjudication and naturalization services.

APPLICATION FINAL ACTION DATES FOR MARCH 2024

FAMILY	India	Pakistan/Bangladesh
1st	08Feb15	08Feb15
2A	22Jun20	022Jun20
2B	22Nov15	22Nov15
3rd	**01Oct09**	**01Oct09**
4th	15Dec05	08Jul07

EMPLOYMENT	India	Pakistan/Bangladesh
1st	01Oct20	Current
2nd	01Mar12	22Nov22
3rd	**01Jul12**	08Sep22
Other	**01Jul12**	08Sep20
4th	01Dec19	01Dec19
5th	01Dec20	Current1B

DATES FOR FILING VISA APPLICATIONS - MARCH 2024

FAMILY	India	Pakistan/Bangladesh
1st	01Sep17	01Sep17
2A	01Sep23	01Sep23
2B	01Jan17	01Jan17
3rd	01Mar10	01Mar10
4th	22Feb06	01Mar08

EMPLOYMENT	India	Pakistan/Bangladesh
1st	01Jan21	Current
2nd	15May12	15Feb23
3rd	01Aug12	01Feb23
Other	01Aug12	15Dec20
4th	01Jan20	01Jan20
5th	01Apr22	Current1B