27/03/2024

H-1B Registration: A guide to file your application process with recent updates

Guide to recent H-1B registration updates: Lottery changes, online filing, and fee increases


The H1B visa is a non-immigrant visa that allows US companies to employ foreign workers in speciality occupations that require theoretical or technical expertise.


H-1B Visa Lottery Changes:

Following the Biden administration's Proposed Rule on October 23, 2023, DHS has issued a Final Rule, titled "Improving the H-1B Registration Selection Process and Program Integrity." This rule focuses on modernizing the H-1B lottery registration process with several key provisions, including:


  • A beneficiary-centric selection process has been announced which limits each beneficiary (employee) to only be selected once in each lottery, as opposed to past lotteries which allowed a beneficiary to be selected multiple times.


  • Start date flexibility for certain cap-subject H-1B petitions that prefer start dates after October 1 of the relevant fiscal year.


  • H-1B integrity measures requiring valid passport/travel document information in lottery registration and increasing DHS authority to deny a petition where statements on the petition, registration, or LCA are fraudulent.


FY 2025 H-1B Cap Registration – “The H-1B Lottery”

This online registration process impacts new H-1B visas subject to the annual cap of 65,000 visas (Regular cap) and an additional 20,000 visas for "specialty worker" beneficiaries with advanced degrees (US Masters cap). Employers will complete an online registration form and pay a $10 registration fee for each beneficiary. There will be no H-1B cap on petitions filed by institutions of higher education, or a related or affiliated nonprofit entity.


H-1B Online Organizational Account Creation

USCIS has introduced online "organizational accounts" starting February 28, 2024. These accounts enable petitioning employers and legal representatives to manage H-1B lottery registrations, petitions, and premium processing forms entirely online. This initiative marks a significant step towards the digitization of immigration processes.

As always, please do not hesitate to contact Oke Legal Group at 469-706-0191 or via email with any questions.

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