1. What is the purpose of the USCIS Final Rule regarding H-1B registrations?
Answer: The purpose of the USCIS Final Rule is to implement a “beneficiary centric” selection process for H-1B registrations, address concerns about fraudulent use of the registration system, and enhance the integrity of the H-1B selection process.
2. How does the beneficiary-centric selection process differ from the previous system?
Answer: Under the previous system, registrations were based on employers submissions, whereas the new beneficiary-centric process focuses on unique beneficiaries. Each beneficiary is counted only once for the H-1B cap, regardless of how many employers submitted registrations for them.
3. What identifying information is required for H-1B registrations under the new rule?
Answer: Registrations must include the beneficiary’s valid passport or valid travel document information. Each beneficiary can only be registered once under one passport or travel document number.
4. How will employers be notified if their registered beneficiary is selected under the new process?
Answer: USCIS will notify all employers who submitted registrations for the selected beneficiary that their registration has been selected, and each of these employers are eligible to submit an H-1B petition during the 90-day filing period.
5. Can a beneficiary choose from multiple job offers if multiple employers file H-1B petitions on their behalf?
Answer: Yes, beneficiaries can choose any job offer from the employers who filed H-1B petitions on their behalf, regardless of the date of filing or approval of each petition.
6. What flexibility is provided regarding the start date for H-1B petitions under the Final Rule?
Answer: Petitioners will be eligible to request a start date after October 1, allowing for a full three-year validity period even when the application is filed after April 1st.
7. What integrity measures are included in the Final Rule to prevent fraud?
Answer: USCIS has the authority to deny or revoke H-1B petitions based on various factors such as changes in beneficiary’s identifying information, false attestation in registrations, invalid registration fees, or lack of valid registration.
8. Can multiple registrations be filed by related entities?
Answer: There is no change in USCIS position w.r.t to multiple filings by related entities. USCIS prohibits related entities from submitting registrations for the same beneficiary unless they have a separate legitimate job offer.
9. Since the current registration process is Beneficiary Centric, why does USCIS care about the multiple registrations?
Answer: Although multiple registrations by related entities don’t provide any advantage with the lottery selection process itself, it provides an unfair advantage with respect to getting the H-1B approvals since all the employers can file the H-1B petition.
10. Is there a restriction on the number of passport or travel document numbers under which a beneficiary can be registered?
Answer: Yes, the final rule prohibits a beneficiary from being registered under more than one passport or travel document number.
11. What happens if the beneficiary registers through multiple employers and one of the employers makes a mistake in entering the passport number?
Answers: Under the new regulations, since USCIS explicitly prohibits using multiple passport numbers. USCIS could deny the applications since two passport numbers have been entered on behalf of the employee out of which one is an incorrect passport number.
12. What options are available for beneficiaries who are unable to obtain valid passports?
Answer: Stateless individuals, refugees, and others who cannot obtain valid passports can use a valid travel document as an alternative, as permitted by the final rule.
13. How does the final rule impact beneficiaries with dual citizenship?
Answer: The final rule does not explicitly address beneficiaries with dual citizenship. However, beneficiaries must ensure that the passport or travel document used for registration aligns with their intended use for entering the United States if issued an H-1B visa.
14. Can beneficiaries update their passport or travel document information after registration?
Answer: Yes, the beneficiary can update the passport information in case of changes due to marriage, changes in gender identity, or changes in passport number or expiration date due to renewal or replacement of a stolen passport. The employee has the burden of proving that the information was correct at the time of submitting the registrations.
15. If an RFE is issued for one petition, will all the employers who filed the petition receive RFEs?
Answer: No, USCIS will consider each of the petitions individually. Hence, they may or may not issue RFEs for the other cases.
16. What are the Registration timelines for CAP 2025?
Answer: The CAP 2025 Registration starts at 12.00 PM Noon EST on 03/06/2024 and ends at 12.00 PM Noon EST 03/22/2024