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New H-1B Visa Selection Criteria By US, Effective October With Updated Regulations

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New Delhi: The US Citizenship and Immigration Services (USCIS) has introduced a final rule for the FY 2025 H-1B cap, focusing on beneficiary-centric selection to ensure fairness. The rule requires registrants to provide valid passport or travel document information for each beneficiary, aiming to reduce fraud and provide equal chances of selection.

Furthermore, the rule clarifies employment start date requirements for certain petitions under the H-1B cap, allowing filings with start dates after October 1 of the relevant fiscal year. USCIS now has the authority to deny or revoke H-1B petitions with false attestations or invalid registrations.

In addition, a Fee Schedule final rule, effective post-initial registration for FY 2025, has been announced. The registration period opens on March 6, 2024, and runs through March 22, 2024. Organizational accounts for collaboration and online filing of Form I-129 and Form I-907 start on February 28, 2024, with online filing options for Form I-129 H-1B petitions available from April 1, 2024.

USCIS Director Ur M Jaddou highlighted these changes, stating they aim to make H-1B selections more equitable and enable a fully electronic process from registration to the final decision, enhancing transparency and efficiency while preventing fraudulent activities.

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