LAW
LAW
Understanding Coming Changes in H-1B Work Visa Regulations
By David H . Nachman , Esq ., Ludka Zimovcak , Esq . and Snehal Batra , Esq . Freelance Contributors
In recent years , the landscape of H-1B visa regulations has undergone significant changes , impacting both employers and foreign workers alike . The U . S . Citizenship and Immigration Services ( USCIS ) has introduced new rules and requirements , reshaping the way companies hire foreign talent . This article delves into these changes , offering a comprehensive overview for immigration practitioners , professionals , and prospective H-1B employers and employees .
The Electronic Registration Requirement
Effective from December 6 , 2019 , USCIS mandated that employers file H-1B cap-subject petitions , including those under the advanced degree exemption , through an electronic registration system . This process requires a nominal fee of $ 10.00 per registration . The initial registration period spans at least 14 calendar days each fiscal year . During this period , prospective petitioners or their representatives must electronically register each candidate they wish to sponsor for an H-1B cap-subject petition .
The Selection Process Post-registration , USCIS conducts a random selection of the necessary number of registrations to meet the H-1B cap . This selection occurs after the initial registration period closes , no later than March 31 , 2024 . Only those with selected registrations can file an H-1B cap-subject petition for the named individual . Importantly , multiple registrations for the same beneficiary in the same fiscal year will be discarded to prevent duplication .
Proposed Rule to Curtail Misuse A DHS rule proposed on October 20th , 2023 , seeks to alter the H-1B registration selection process . The aim is to reduce misuse and fraud by ensuring that each individual is entered into the selection process only once , regardless of the number of registrations submitted on their behalf .
Understanding the H-1B Cap
The H-1B visa cap is currently set at 65,000 annually . However , not all are available under this cap . Up to 6,800 visas are reserved for the H-1B1 program for Chile and Singapore nationals , reducing the actual number to 58,200 . An additional 20,000 visas are set aside for individuals with master ' s or higher degrees from U . S . institutions .
A forthcoming article will address the specifics of qualifying degrees for this category .
Preparation for H-1B Sponsorship
Employers must identify potential H-1B candidates early , allowing time for petition preparation , including Labor Condition Application ( LCA ) certification . Effective planning is crucial , particularly for the USCIS fiscal year beginning October 1 , 2024 .
Duration of H-1B Petition Acceptance
USCIS will start accepting H-1B registrations in early March . If a sufficient number of registrations are received , a selection will be made to meet the H-1B cap . USCIS will provide guidance on using the registration system prior to the registration period .
Restrictions on Multiple Registrations
Employers are prohibited from submitting more than one registration per prospective employee per fiscal year . This includes petitions for different positions for the same employee . However , related employers ( like parent and subsidiary companies ) can file for the same beneficiary if a legitimate business need is demonstrated .
Continued
David Nachman , Esq ., NPZ . Ludka Zimovcak , Esq ., NPZ
Snehal Batra , Esq ., NPZ
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