In light of increasing demand, U.S. Citizenship and Immigration Services (USCIS) has recently announced the need for additional random selections for the fiscal year (FY) 2024 H-1B cap, including beneficiaries eligible for the advanced degree exemption. This article sheds light on this development and explores the major trends and changes in the H-1B registration process.
Streamlined H-1B Registration Process
Since its implementation in 2020, the H-1B electronic registration process has significantly streamlined processing by reducing paperwork, facilitating data exchange, and saving costs for petitioning employers. By replacing the traditional method of submitting full H-1B cap-subject petitions with a more efficient electronic system, USCIS has created an ecosystem that benefits both petitioners and the agency.
FY 2024 H-1B Registration: An Overview
Compared to prior years, the FY 2024 H-1B cap witnessed a significant increase in the number of registrations submitted. The USCIS has observed upward trends in the number of submissions for both beneficiaries with multiple registrations and unique beneficiaries with only one registration, continuing the trend seen in the FY 2022 and FY 2023 H-1B registration periods.
Measures to Combat Fraud in the H-1B Registration Process
The surge in the number of eligible registrations, particularly for beneficiaries with multiple registrations, raised concerns about potential misuse of the system. USCIS remains committed to ensuring that only those who follow the law are eligible to file an H-1B cap petition. Consequently, at the time of each registration, petitioners are required to sign an attestation confirming the legitimacy of the registration and job offer, and compliance with all the regulations. Any false attestations can lead to the denial or revocation of a petition and may be referred to federal law enforcement agencies for further action.
Evidence from the FY 2023 and FY 2024 H-1B cap seasons indicates that these investigations are having an impact, with a decreased filing rate for FY 2024 H-1B cap petitions compared to the previous fiscal years.
H-1B Modernization Rule: A Step Towards Improvement
The H-1B program plays an integral role in our nation’s immigration system and economy. USCIS is dedicated to implementing laws that meet the evolving needs of the U.S. labor market. As a part of this endeavor, USCIS is working on an upcoming H-1B modernization rule that proposes improvements, including strengthening the H-1B registration process to minimize potential misuse and fraud.
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