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USCIS Confirms Changes to H1B Program in 2024

USCIS Confirms Changes to H1B Program in 2024

The H-1B visa program, which allows skilled international workers to work in the US, is undergoing significant changes for the fiscal year 2025 (FY 2025).

US Citizenship and Immigration Services (USCIS) has published a Final Rule, implementing new measures that will revise the current H1B lottery system and that are designed to strengthen the program’s ‘integrity’ and reduce abuse of the route.

 

Revised H1B lottery rules

Under the new rules, a revised lottery system will assign each registered beneficiary one unique identification number, preventing duplicate registrations and ensuring all individuals have an equal chance of selection.

A new, online “organizational account” system is also going live on February 28, 2024 ahead of this March’s H-1B registration process. Organizational accounts will allow petitioning employers and legal representatives to create, review, and submit H-1B lottery registrations, H-1B petitions, and premium processing forms, entirely online.

 

H1B employment start date flexibility

Employers can now petition for H-1B visas with start dates up to 90 days before the beneficiary’s authorized stay expires, offering greater flexibility in employment planning. This is a change from the current requirement for employment to commence on October 1 of the same fiscal year.

 

Fraud prevention

USCIS has implemented additional verification measures to combat fraud, including compliance site visits to employers and enhanced scrutiny of petition documentation.

 

Implications for H1B sponsors

These program integrity measures present both opportunities and challenges for employers.

The beneficiary-centric lottery system may provide a fairer chance of selection for qualified candidates.

However, increased scrutiny by USCIS should necessitate enhanced efforts to ensure accurate and thorough documentation is filed throughout the petitioning process.

The additional verification measures may also lead to longer processing times, requiring employers to plan accordingly.

 

NNU Immigration can help

NNU Immigration are specialist US immigration attorneys. We work with employers recruiting through the H-1B visa route, advising on all aspects of the eligibility and process requirements.

If you have a question about the changes to the H-1B program, speak to our experts.

This article does not constitute direct legal advice and is for informational purposes only.

By Nita Nicole Upadhye

Nita Nicole Upadhye is the Founder & Principal Attorney at NNU Immigration. A recognized leader in the field of US business immigration law, Nita successfully acts for corporations and professionals, entrepreneurs, artists, actors, and athletes from across the globe, providing expert guidance on all aspects of US visa and nationality applications, and talent mobility to the USA.

Need legal advice?

For specialist advice on your query, get in touch with our team of US immigration attorneys.​

Need legal advice?

For specialist advice on your query, get in touch with our team of US immigration attorneys.

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For specialist advice on a US immigration or nationality matter for your business, contact our US immigration attorneys. 

For specialist advice on a US immigration or nationality matter for your business, contact our US immigration attorneys.