Recent USCIS Changes - February 2024

USCIS has announced major changes to H-1B program lately. Below are some of the updates relevant to both CAP and ongoing H-1B filings.

Below are some of the major changes announced for H-1B program:

1. H-1B filings will be streamlined through e-filing. USCIS will soon allow companies to create organizational accounts from Feb 28, 2024.

2. USCIS will be using beneficiary-centric approach for H-1B registration. This means that for the lottery every individual will have same chance and is based on their passport number. A beneficiary having multiple job offers wont have any additional advantage. This should greatly curtail the gaming of the lottery process.

3. USCIS premium fee will increase

4. USCIS H-1B filing fee will increase

5. Definition of Specialty occupation , changes to CAP GAP, bona-fide job offer are currently not finalized but USCIS potentially could come back with more changes later.

Please note the below dates for various changes to be effective:

1. USCIS Premium Processing (H-1B) fee will increase to $2805 from Feb 26, 2024

2. USCIS will open up PORTAL for creating organizational accounts (for H-1B E-filing) on Feb 28th, 2024. Prior "H-1B registrant" accounts used for lottery process from last year can be converted and can be reused. E-filing is permitted from April 1, 2024

3. H-1B registration process will start on March 6, 2024 and end March 22 , 2024 at 12pm EST.

4. H-1B filing fee will increases from APRIL 1, 2024. Fee increase will be between $300 (less than 25 employees) to $920 (more than 25 employees) for I-129 based H-1B cases.

5. Actual H-1B cap petitions will be required to be filed between April 1, 2024 to June 30, 2024. New fee structure will apply.

Practice Pointer: Amendment Filings are important

• WAGE AND LOCATION COMPLIANCE: Please ensure that all the attestations of LCA are strictly followed

• Check the work location on the LCA. Ensure employee works only within the commutable distance of this location if H-1B is approved.

• Check the ONET job title. Ensure employee works only in that occupation.

• Check the wages. Ensure that employee is paid as required.

• If there are any material changes, amendment filing is required immediately before the employee is placed in a new position that has material change.

H-1B filing fee is increasing from April 1, 2024. We recommend any extensions and amendments that are required be filed immediately. We are also hosting a webinar to discuss these changes from employer perspective this Saturday at 11:00am CST.