H-1B Visa Registration Period Commences March 4 with Significant Changes
The initial registration window for the H-1B visa cap opens at noon Eastern Time on March 4, 2024, and will remain open until noon Eastern Time on March 19, 2024. During this critical period, petitioners must register each beneficiary they intend to hire for the selection process and pay the mandatory registration fee of $215 per candidate. The results of the selection process are scheduled to be announced by March 31, 2024.
New $100,000 Fee and Job Market Conditions May Deter Applicants
Immigration attorney Emily Neumann has indicated that there is a strong possibility of lower H-1B registration numbers this year. This anticipated decline is attributed primarily to the introduction of a substantial new fee of $100,000, which will be applicable to candidates selected who are located outside the United States. Additionally, the current state of the job market is expected to contribute to reduced application volumes.
Neumann explained that while some companies are proceeding with H-1B registrations despite the hefty fee, they are adopting a cautious 'wait-and-see' approach regarding candidate selection. Furthermore, several companies are hopeful that the $100,000 H-1B visa fee might be blocked by the courts, as there are two ongoing legal cases challenging its implementation.
Potential for a Second Lottery in 2024If the $100,000 fee remains in effect, Neumann suggests that some companies may choose not to file the final petition for their selected candidates. "That means we might have a second lottery because if people are selected in the first round and then the companies don't file to fill up the cap, we can see a second lottery happening this year," Neumann elaborated. This scenario could lead to an unprecedented dual selection process for the H-1B visa program.
Major Overhaul in H-1B Selection Process and Registration Form
For the first time, the H-1B selection process will abandon the traditional random lottery system. Instead, it will prioritize the allocation of visas to higher-skilled and higher-paid workers, marking a significant policy shift aimed at attracting top-tier talent.
Neumann, who has previewed the new registration form, noted that it includes standard questions such as the beneficiary's name, date of birth, country of origin, passport details, and whether the filing is under the master's cap or the bachelor's cap. However, the form introduces several new and critical questions.
- Wage Level Inquiry: A new mandatory section requires petitioners to select the wage level for the position from options 1, 2, 3, or 4, directly influencing the selection priority.
- Area of Intended Employment: Another new question asks for the area of intended employment, but Neumann highlighted a lack of clarity, as it only provides a text box without specific instructions. "We don't know what they want. Do they want the city, state, county, address...they didn't say anything," she stated.
Surprisingly, the updated form does not request information on salary, Standard Occupational Classification (SOC) code, or job title, which are typically essential details in such applications. This omission has raised questions among immigration professionals about the evaluation criteria for the new selection process.
The combination of the new $100,000 fee, evolving job market dynamics, and the overhauled selection methodology is set to make the 2024 H-1B registration period one of the most consequential in recent years, with potential ripple effects on international hiring and immigration trends.
