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US announces fraud prevention measures for H-1B visas
The H-1B visa is a non-immigrant visa program enabling U.S. companies to engage foreign workers with specialized skills.
The rule is designed to minimize the potential for fraud by addressing the gaming of the registration system. / Image - iStock
The U.S. Citizenship and Immigration Services (USCIS) has introduced a final rule aimed at fortifying the integrity of the H-1B registration process.
The rule is designed to minimize instances of fraud by addressing concerns related to the registration system and ensuring an equal chance of selection for each beneficiary, irrespective of the number of registrations submitted on their behalf.
The H-1B visa is a non-immigrant visa program allowing US companies to engage foreign workers with specialized skills in occupations that demand theoretical or technical expertise. It serves as a crucial avenue for technology companies, facilitating the hiring of a substantial number of employees annually, particularly from India and China.
As per the new rules, USCIS will establish a beneficiary-centric selection process for registrations submitted by employers. According to an official statement the selection of registrations will be based on individual beneficiaries rather than the number of registrations submitted.
This new method aims to minimize fraud risks and ensure an equal chance for each beneficiary, irrespective of the number of registrations filed by an employer.
“We’re always looking for ways to bolster integrity and curtail the potential for fraud while improving and streamlining our application processes,” said USCIS director Ur M. Jaddou.
“The improvements in these areas should make H-1B selections more equitable for petitioners and beneficiaries and will allow for the H-1B process to be fully electronic from registration, if applicable, until final decision and transmission of approved petitions to the Department of State,” Jaddou added.
The H-1B final rule further formalizes USCIS' authority to reject or withdraw H-1B petitions if the initial registration included a false statement or was deemed invalid for any other reason. Additionally, under the updated rule, the agency has the discretion to deny or withdraw the approval of an H-1B petition if it concludes that the fee linked to the registration is declined, not reconciled, disputed, or found to be otherwise invalid post-submission.
In addition to the final rule, the USCIS revealed that the initial registration period for the fiscal year 2025 H-1B cap will commence at noon on March 6 and will continue until March 22.
Furthermore, an online filing option has been introduced for Forms I-129, Petition for a Nonimmigrant Worker, and Form I-907, Request for Premium Processing Service, catering to H-1B petitioners. Starting February 28, USCIS will also introduce new organizational accounts online, allowing multiple individuals within an organization and their legal representatives to collaborate on H-1B registrations, petitions, and associated Form I-907.
Additionally, on February 28, online filing of Form I-129 and associated Form I-907 for non-cap H-1B petitions will begin. On April 1, USCIS will accept online filings for H-1B cap petitions and associated Forms I-907 for selected registrations.
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