Understanding The New H-1B Visa Registration Selection Process

The H-1B visa program has long been a topic of discussion and scrutiny due to concerns regarding misuse and fraud. In response to these concerns, the U.S. Citizenship and Immigration Services (USCIS) has announced a significant change to the H-1B visa registration selection process. This change, scheduled for publication on February 2, 2024, aims to prioritize the workers named in the registrations, aiming to reduce the possibility of misuse and fraud.

The Current Process

Under the current process, the number of registrations submitted by employers on behalf of an individual directly impacts the individual’s chances of being selected in the H-1B visa lottery. This has led to certain practices that raise concerns about the integrity of the selection process, such as the submission of multiple registrations for the same worker to increase the chances of selection.

The New Proposal

Under the new proposal, each unique individual who has registration submitted on their behalf will be entered into the selection process once, regardless of the number of registrations submitted for them. This significant change is designed to improve the chances of legitimate registrations being selected and eliminate the practice of submitting multiple registrations for the same worker to increase their likelihood of selection.

Additional Requirements

Starting with the fiscal year 2025 registration period (March 6-22, 2024), USCIS will require visa beneficiaries to provide valid passport or travel document information with the registration. Each beneficiary must be registered under only one passport or travel document. This additional requirement is aimed at further enhancing the integrity of the registration process.

Addressing Fraud And Misuse

USCIS Director Ur Jaddou emphasized the agency’s commitment to bolstering integrity and curbing potential fraud while improving and streamlining application processes. The proposed improvements are expected to make H-1B selections more equitable for petitioners and beneficiaries.

The move to shift the focus of the selection process reflects USCIS’s response to concerns about potential abuse of the H-1B lottery system. Reports of ineligible registrations submitted by multiple employers conspiring together have raised red flags about the integrity of the process. USCIS revealed that several dozen technology companies colluded to submit registrations for the same 96,000 workers, totaling 408,891 entries, in an attempt to increase their odds of selection in the H-1B lottery.

Future Changes

The change to the registration selection process is a pivotal part of the proposed rule overhauling the H-1B visa program. USCIS is still reviewing the bulk of the H-1B modernization proposed rule and intends to publish a separate final rule to address the remainder of the provisions in the proposal.

The Assistance Of A PEO

These changes are poised to impact the fairness and transparency of the H-1B visa lottery system, ultimately benefiting both employers and visa beneficiaries. Considering these changes, GMS is here to help small businesses with the H-1B visa registration selection process. GMS, a professional employer organization (PEO), offers invaluable support by providing guidance on compliance with evolving immigration regulations, streamlining the visa application process, and ensuring adherence to the new requirements set forth by USCIS. By leveraging the services of GMS, business owners can navigate the intricacies of the H-1B visa program with confidence, knowing they have a knowledgeable partner by their side. Contact our HR experts today.