H1B visa lottery revamp: US announces massive fee hike and revises application structure

US Citizenship and Immigration Services (USCIS) has released two final rules for the H-1B visa programme, which lets US employers hire foreign workers in speciality occupations, but with a higher fee structure.

H1B visa process revamp: Fees hiked and lottery application changes

One rule increases the visa fees significantly, from $10 to $110 for the first time since 2016, effective from April 1. Registration fees for H-1B visas would rise from $10 to $215. The other rule also changes the lottery process for the H-1B cap, which limits the number of visas to 65,000 per year, plus 20,000 for those with a US master’s degree or higher.

The new lottery will select registrations based on the unique beneficiaries, not the employers who file them. This will give each beneficiary an equal chance of being selected and prevent fraud by employers who submit multiple registrations for the same person. These rules will apply to the FY 2025 H-1B cap.

Final rules for H-1B registration program

To implement this procedure, USCIS will require registrants to provide valid passport or travel document information for each beneficiary, starting from the FY 2025 initial registration period, which will run from March 6, 2024, to March 22, 2024.

The new regulation also clarifies the requirements for the requested employment start date on certain petitions subject to the H-1B cap. It allows petitioners to request a start date after October 1 of the relevant fiscal year, which is the beginning of the H-1B validity period. This will give petitioners more flexibility and avoid unnecessary delays.

Plus, the new regulation codifies USCIS’ authority to deny or revoke H-1B petitions if the registration contains false attestation or is otherwise invalid. This will help USCIS to enforce the H-1B programme rules and protect the rights of both US workers and H-1B workers.

H1B process: The new fee structure

USCIS has also announced a Fee Schedule final rule, which will take effect after the FY 2025 initial registration period. The rule will increase the fees for certain H-1B petitions and applications, as well as introduce a new fee for H-1B registrations. The fee changes are intended to cover the costs of processing and adjudicating the H-1B programme.

Fees has been hiked for Employment-Based Immigrant Visa by updating USCIS volume forecasts for the EB-5 workload. DHS also revised the USCIS volume forecasts for H-1B registration workload and is expected to hike the fees from $10 to $215. A discount of $50 has been given for online applications.

DHS holds several fees to the rate of inflation since the previous fee increase in 2016, and (b) if the proposed fee was less than the current fee adjusted for inflation, then DHS sets the fee in this rule at the level proposed.

USCIS will also launch organisational accounts on February 28, 2024, which will allow employers and their representatives to collaborate on H-1B registrations, petitions, and associated forms. USCIS will also offer online filing options for Form I-129 and Form I-907 for non-cap H-1B petitions, starting from the same date. These online services will make the H-1B process more convenient and efficient for users.

While paper filing of Form I-129 H-1B petitions will still be available, USCIS will encourage users to use the online filing options, which will be available from April 1, 20242

AILA unhappy with H1B process revamp

The American Immigration Lawyers Association (AILA) have expressed dissatisfaction over the Biden administration’s decision to change USCIS fee and a new H-1B lottery process.

AILA President Farshad Owji said, “The USCIS fee-funded model is no longer sustainable…these fee increases are significant and create a huge burden on stakeholders. USCIS must use the additional revenue to reduce processing times…We also urge the agency to utilize fee waivers as generously as possible…”

“The new H-1B registration process shared today will revise how the lottery registration is run and create a more equitable system…AILA and our partners advocated for exactly the sort of changes announced in this rule…It is commendable that DHS took steps to shift from a flawed model to one that will create a fairer system in time for this year’s registration period,” said AILA’s Director of Government Relations Sharvari Dalal-Dheini.

H-1B process to be fully electronic

USCIS Director Ur M Jaddou said to ANI that the new regulation and the online services will enhance the H-1B programme and make it more equitable and transparent. He said, “The improvements in these areas should make H-1B selections more equitable for petitioners and beneficiaries and will allow for the H-1B process to be fully electronic from registration until final decision.”