US H1B Visa Overhaul: Fees Surge, Application Structure Revamped

The US Citizenship and Immigration Services (USCIS) has introduced two final rules for the H-1B visa program, altering the fee structure and lottery application process. One rule raises visa fees significantly, with the first increase since 2016, effective from April 1. Registration fees for H-1B visas will also rise. The other rule changes the lottery process, focusing on unique beneficiaries rather than employers, aiming to ensure equal chances and prevent fraud.

These rules apply to the FY 2025 H-1B cap, requiring registrants to provide valid passport information for beneficiaries. The regulation allows flexibility in requested employment start dates and empowers USCIS to deny or revoke petitions with false information.

USCIS announced a Fee Schedule final rule, effective post the FY 2025 initial registration period. It increases fees for certain H-1B petitions and introduces a new fee for registrations. The adjustments aim to cover program processing costs. USCIS will launch organizational accounts on February 28, 2024, for collaboration on H-1B processes, introducing online filing options for non-cap H-1B petitions on the same date.

AILA expressed dissatisfaction with the USCIS fee changes and the new H-1B lottery process. AILA President Farshad Owji highlighted concerns about the sustainability of the fee-funded model, emphasizing the need for USCIS to utilize additional revenue to reduce processing times and encourage fee waivers. AILA's Director of Government Relations, Sharvari Dalal-Dheini, commended the shift to a fairer lottery system.

USCIS Director Ur M Jaddou stated that the new regulations and online services aim to enhance the H-1B program's equity and transparency, making the entire process electronic from registration to the final decision.