To enhance the H-1B registration procedure and reduce the likelihood of fraud, U.S. Citizenship and Immigration Services (USCIS) has implemented a number of measures. A number of the measures were put into effect earlier, but many other important immigration and H-1B regulations took effect on April 1, 2024. The cost of many non-immigrant visa categories, such as the H-1B, L-1, and EB-5 visas that are most popular among Indians, will be impacted by the new visa fee schedule.
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Cost of H-1B registration
Starting in April, there will be a considerable increase in the cost of Form I-129 petition filing and H-1B registration. Petitioners file Form I-129 on behalf of a nonimmigrant worker who is an H-1B, H-2A, H-2B, H-3, L-1, O-1, O-2, P-1, P-1S, P-2, P-2S, P-3, P-3S, Q-1, or R-1 nonimmigrant worker who wants to temporarily work in the United States or receive training.
Form I-129 petition filing fee is now $780, and the $10 H-1B registration process fee will increase to $215, a 2,050% increase. The H-1B registration fee is not included in the Form I-129 H-1B petition filing fee. The updated Form I-129, Petition for a Nonimmigrant Worker, must be submitted with the new fee computation; there will be no grace period. The higher fees will start to apply on April 1, 2024.
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Entities-Specific Registrations
For the initial registration period beginning in the fiscal year 2025, registrants will be required by USCIS to provide information about each beneficiary’s valid passport or travel document. If the beneficiary is granted an H-1B visa, the passport or travel document they present must match the one they intend to use to enter the country. Every recipient needs to be registered under a distinct passport or travel authorization. Registrations are chosen using the beneficiary-centric approach according to distinct beneficiaries.
Filing Form I-129 petitions from April 1
USCIS service centers will no longer accept Form I-129 petitions seeking classification as H-1B or H-1B1 (HSC) as of April 1, 2024. H-1B or H-1B1 (HSC) petitions filed at a USCIS service center on or after April 1, 2024, will be denied by USCIS.
All paper-filed Form I-129 petitions requesting H-1B1 (HSC), or H-1B classification must be filed at a USCIS lockbox facility starting on April 1, 2024. This includes petitions filed concurrently with Form I-907, Request for Premium Processing Service, and petitions filed concurrently with Form I-539 and/or Form I-765.
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Prior editions of the majority of forms will be accepted by USCIS during a grace period that runs from April 1, 2024, to June 3, 2024. USCIS will accept both older and newer versions of specific forms as long as they are submitted with the appropriate fee during this grace period.
However, since the upcoming forms need to be updated with a new fee structure, there won’t be a grace period.
Form I-129, Petition for a Nonimmigrant Worker;
Form I-129 CW, Petition for a CNMI-Only Nonimmigrant Transitional Worker;
Form I-140, Immigrant Petition for Alien Workers;
Form I-600A, Application for Advance Processing of an Orphan Petition (and supplement 1, 2 and 3); and
Form I-600, Petition to Classify Orphan as an Immediate Relative.
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Filing H-2B petitions
Postmarked on or after April 1, 2024, H-2B petitions must be filed on the 04/01/24 edition of the form and include the new fees; otherwise, USCIS will not accept them. If foreign nationals meet specific regulatory requirements, U.S. companies or agents may employ them for temporary non-agricultural jobs under the H-2B program. An employer in the United States or their agent must file Form I-129, Petition for a Nonimmigrant Worker, on behalf of the prospective employee.
