Guide to recent H-1B registration updates: Lottery changes, online filing, and fee increases
It’s time for H-1B registration process in United States. However, before you go ahead and fill your applications it’s important to take note of the significant changes announced by the Department of Homeland Security, including lottery process, online filing procedures, and USCIS petition filing fees changes. These changes are set to come into effect before the upcoming H-1B lottery opening on March 6, 2024 until March 22, 2024
H-1B Visa Lottery Changes:
Following the Biden administration’s Proposed Rule on October 23, 2023, DHS has issued a Final Rule, titled “Improving the H-1B Registration Selection Process and Program Integrity.” This rule focuses on modernizing the H-1B lottery registration process with several key provisions, including:
A beneficiary-centric selection process has been announced which limits each beneficiary (employee) to only be selected once in each lottery, as opposed to past lotteries which allowed a beneficiary to be selected multiple times
Start date flexibility for certain cap-subject H-1B petitions that prefer start dates after October 1 of the relevant fiscal year.
H-1B integrity measures requiring valid passport/travel document information in lottery registration and increasing DHS authority to deny a petition where statements on the petition, registration, or LCA are fraudulent.
FY 2025 H-1B Cap Registration – “The H-1B Lottery”
This online registration process impacts new H-1B visas subject to the annual cap of 65,000 visas (Regular cap) and an additional 20,000 visas for “specialty worker” beneficiaries with advanced degrees (US Masters cap). Employers will complete an online registration form and pay a $10 registration fee for each beneficiary. There will be no H-1B cap on petitions filed by institutions of higher education, or a related or affiliated nonprofit entity.
H-1B Online Organizational Account Creation
USCIS has introduced online “organizational accounts” starting February 28, 2024. These accounts enable petitioning employers and legal representatives to manage H-1B lottery registrations, petitions, and premium processing forms entirely online. This initiative marks a significant step towards the digitization of immigration processes.
USCIS Fee Increases
USCIS will implement widespread filing fee increases for most visa petition categories on April 1, 2024, citing budgetary shortcomings.
Common filing fee increases include:
Form I-129 L petitions increase from $460 to $1,385
Form I-129 O petitions increase from $460 to $1,055
Form I-539 dependent applications increase from $370 to $470
Form I-140 Immigrant Visa Petitions increase from $700 to $715
Form I-485 Adjust Status applications increase from $1,140 to $1,440
Form I-765 Applications for Employment Authorization increase from $410 up to $520
A blanket $600 fee will be charged to cover ballooning asylum administration costs. H-1B lottery registration fee increase from $10 to $215 will not go into effect until the H-1B lottery held in March 2025.
On a related note, USCIS previously announced the publication of a final rule adjusting the premium processing fees, which will increase filing fees for Form I-907, effective February 26, 2024. For H-1B and other nonimmigrant visa petitions filed via Form I-129, the premium processing fee will be increased from $2,500 to $2,805.
