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  • 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.

  • The U.S. Citizenship and Immigration Services (USCIS) received adequate petitions to reach the congressionally mandated 65,000 H-1B visa regular cap. In addition, the USCIS reached the 20,000 H-1B visa U.S. advanced degree exemption, the master’s cap, for the fiscal year (FY) 2023. This is set to begin October 1st, 2022. To account for employers who do not follow through with the petition process or were denied, rejected, or withdrawn, additional petitions are typically selected.

    An H-1B visa is a nonimmigrant classification that applies to individuals who wish to perform services in a specialty occupation, services of exceptional merit, and ability relating to a Department of Defense (DOD) cooperative research and development, or services as a fashion model of distinguished merit or ability.

    The USCIS has completed sending non-selection notifications to registrants’ online accounts. H-1B registrations that were submitted correctly for FY 2023 but were not selected will appear as:

    • Not selected: Not selected – not eligible to file an H-1B cap petition based on this registration

    They will also continue to accept and process petitions exempt from the cap. Current H-1B workers whose cap number hasn’t expired but who were previously counted against the cap are exempt from the FY 2023 H-1B cap. The USCIS will continue to accept, and process petitions filed to:

    • Extend the time a current H-1B worker may remain in the U.S. 
    • Change the terms of employment for current H-1B workers
    • Allow current H-1B workers to change employers
    • Allow current H-1B workers to work concurrently in additional H-1B positions

    Employers can register foreign workers who weren’t selected for an H-1B visa when the FY 2024 cap season begins in the spring of 2023.

    GMS Is Here To Help

    GMS helps you stay up to date on all policies. In addition, our experts provide you with general guidance and advice about Visa questions and concerns, ensuring compliance while hiring employees from another country. While the H-1B visa cap for FY 2023 has been reached, let GMS assist with your application for FY 2024. Contact us today.