Fairness in FY2025 H-1B Cap Registration
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USCIS Implements Fraud-Protection Measures to Ensure Fairness in FY2025 H-1B Cap Registration

Maggio Kattar

In preparation for the FY2025 H-1B cap registration, United States Citizenship and Immigration Services (“USCIS”) has introduced a final rule incorporating certain fraud-protection measures designed to ensure fairness in FY2025 H-1B Cap Registration. The primary objective of these measures is to minimize the potential for abuse within the registration system and to guarantee equal opportunities for all prospective H-1B beneficiaries, regardless of the number of employers submitting registrations on their behalf.

The Problem: Multiple Registrations For the Same Worker Creates An Unfair Advantage

The need for these fraud-protection measures became apparent due to issues encountered in previous years’ H-1B Cap Registration processes. During these instances, certain prospective beneficiaries were granted multiple registrations through related entities and various employers. Consequently, these individuals enjoyed multiple chances of being selected in the lottery, creating an unfair advantage over their counterparts.

The Solution: Limiting Registrations To One Registration Per Worker

To address this issue, USCIS has undertaken a significant shift in the registration process. Previously, the process was predominantly “employer-centric,” wherein registered prospective beneficiaries were not cross-referenced with other potential beneficiaries registered by different employers. This process allowed foreign workers to be considered multiple times for selection, creating inequities.

With the implementation of the new measures, the registration system has transitioned to become “beneficiary-centric.” This critical change ensures that each foreign worker is only considered once for the H-1B lottery, regardless of how many employers include them in their registrations. Once selected, the beneficiary has the flexibility to choose which employer he or she wishes to proceed with for the H-1B filing.

In conclusion, these fraud-protection measures signify a significant improvement in the integrity of the H-1B registration program. USCIS’s commitment to addressing past issues and ensuring fairness in the process is commendable. For further information about these new measures and additional enhancements aimed at preserving the integrity of the H-1B Registration Program, please visit the link provided here.