The U.S. Citizenship and Immigration Services (USCIS) announced a new "beneficiary-centric" approach, aimed at enhancing fairness and reducing potential fraud in the application system.
This strategic shift, set to be implemented in the fiscal year 2025 registration period, marks a departure from the previous method that focused on employer registrations, moving towards a system that prioritizes individual applicants.
The revised procedure, described by USCIS Director Ur M. Jaddou, is designed to "bolster integrity and curtail the potential for fraud" by ensuring each beneficiary stands an equal chance of selection, irrespective of the number of submissions made by an employer on their behalf. This move is expected to democratize the process, making it more equitable for both petitioners and beneficiaries.
Under the new rules, starting from the initial registration period for fiscal year 2025, employers are mandated to provide valid passport information or an acceptable travel document for each applicant during the registration phase.
This requirement is intended to streamline the verification process, ensuring that all submitted registrations are backed by credible and verifiable information. The USCIS emphasizes that the travel document provided should be the one the beneficiary will use to enter the U.S., should they be granted an H-1B visa.
The H-1B visa program, a cornerstone for American tech companies, facilitates the employment of foreign workers in specialty occupations, including fields like IT, engineering, and medicine. The program is particularly favored for its role in filling skill gaps in the U.S. workforce, with a significant number of applicants hailing from countries like India and China.
The visa, initially valid for three years with the possibility of a three-year extension, has a current cap of 65,000 slots, with an additional 20,000 reserved for candidates holding a Master's Degree or higher.
The upcoming registration window for the fiscal year 2025 H-1B cap is scheduled from March 6 to March 22, 2024, with the USCIS encouraging employers and their representatives to utilize the online account system for the submission of registrations. The platform for account creation will be open from February 28, underscoring the USCIS's commitment to leveraging technology to enhance the efficiency and transparency of the application process.
This reform in the H-1B visa selection process represents a pivotal moment in U.S. immigration policy, potentially reshaping the landscape of skilled labor immigration and reinforcing the principles of fairness and integrity that underpin the program.
