At A Glance:
The application window for the Fiscal Year 2025 H-1B visa cap is set to open at noon Eastern Time on March 6, 2024, and will close at noon Eastern Time on March 22, 2024.
Should the number of unique beneficiaries registered by the deadline meet the expected quota to fulfill the H-1B numerical allocations, the U.S. Citizenship and Immigration Services (USCIS) will conduct a random selection from these registrations. Prospective petitioners of the selected beneficiaries will then receive notifications through their USCIS online accounts. If the registrations do not reach the required number, USCIS will select all properly registered beneficiaries. Notifications of selection are planned to be issued to account holders and will be available in their USCIS accounts by March 31.
On February 2, 2024, the Department of Homeland Security (DHS) released a final rule in the Federal Register aimed at enhancing the fairness and integrity of the H1B visa registration system. This adjustment means that the number of H1B applications submitted on behalf of an individual will not influence their chances of being chosen in the H1B lottery for FY 2025.
Additionally, the rule introduces several other changes to the program, including more flexibility regarding the start dates. These new regulations will be applicable starting with the H1B visa registration period for FY 2025.
The new rule means that the FY 2025 H1B lottery is expected to have lower registration numbers due to decreased employer sponsorship, possibly totaling less than 300,000 registrations. As a result, the odds of being selected have improved to approximately 27% for bachelor’s degree holders and 40% for advanced degree holders.
TABLE OF CONTENTS
Overview of the H1B Visa Program
The H1B visa program is essential for the U.S. economy, serving as a lifeline both for foreign workers and for companies seeking specialized talent, particularly in areas like technology and engineering. The program includes a selection process known as the H1B lottery to ensure a fair distribution of visas among qualified applicants. As a whole, the H1B visa program is key to driving innovation and economic growth.
However, in recent years, companies have found ways to exploit H1B regulations by filing multiple applications for the same employee through related entities. Fiscal year 2024 saw a substantial rise in applications, exceeding 780,000 in the H1B lottery. This represents a more than 60% jump from the previous year, which itself had increased by nearly 60% from the year before, prompting concerns that some large companies were attempting to game the system.
Key Changes to the H1B Lottery and Petition
Single Entry in H1B Lottery
The revised H1B visa registration system aims to increase fairness and reduce fraud by ensuring that each application is represented only once in the H1B lottery, regardless of the number of submissions made on their behalf. This beneficiary-centric approach prevents abuse by counting multiple applications for the same individual as a single entry based on unique identifiers like passport numbers.
Employers must still submit individual registrations for each candidate they intend to sponsor. However, the system is now designed to give each applicant an equal chance of selection by eliminating the possibility of gaming the system through multiple applications.This change aims to maintain the integrity of the H1B visa process and provide a level playing field for all candidates.
Start Date Flexibility
The new final rule also introduces significant flexibility for employers submitting petitions after H1B lottery selection, allowing them to request a start date beyond the traditional October 1 mandate. Under this updated regulation, employers have the freedom to choose a start date that falls within six months following the filing of the petition, providing a broader range of start dates that may align more closely with organizational needs and project timelines.
This change can not only benefit employers in planning their workforce requirements but also accommodates the varied schedules and availability of prospective employees, making the H1B visa process more adaptable to individual circumstances and business demands.
H1B Rule Enforcement
The updated H1B rule strengthens the capabilities of the USCIS to enforce regulations by formally codifying its authority to deny or revoke H1B petitions based on false attestations or invalid registrations. This authority extends to situations where the fee associated with the registration is declined, disputed, or deemed invalid after submission.
The incorporation of these provisions into the regulation aims to enhance the integrity of the H1B visa program, ensuring compliance with program rules and preventing abuse.
H1B Fee Increase
The DHS plans to significantly increase the H1B registration fee, raising it to $215 from the current rate of $10. This adjustment, set to take effect in April 2024, is part of a wider initiative to raise various visa filing fees to cover the rising operational costs and expenses associated with visa processing. As the fee adjustment is set to begin after the FY 2025 H1B registration period, the filing fee this year will remain at $10.
What This Means for You
For potential H1B beneficiaries, these changes mark a possibly more equitable and transparent visa process. The single-entry rule in the H1B lottery should improve your chances of selection by preventing employers from flooding the system with multiple applications for the same individual. If you hold an advanced degree, your odds of being selected may be as high as 40% for FY 2025.
In addition, the flexibility in start dates may offer you more control over your career trajectory. Overall, these revisions should lead to a fairer, more efficient pathway to working in the United States, highlighting the value of each qualified candidate in contributing to the American economy.
