New H-1B Rules Limit Duplicate Entries to Ensure Fair Selection Process

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Key Takeaways

USCIS will implement a beneficiary-centric selection system for H-1B visas during the registration period from March 6-22, 2024.
Each beneficiary can only have one registration in the lottery, even if multiple employers submit offers, ensuring fairness.
Eligible H-1B registrations for fiscal year 2025 dropped 38.6% to 470,342, reflecting reduced duplicate submissions.

The U.S. Citizenship and Immigration Services (USCIS) has introduced a new system for selecting H-1B visa applications that marks a substantial shift in how registrations are processed. Starting in the fiscal year 2025, USCIS will implement a beneficiary-centric selection approach, a change designed to address the issue of multiple registrations submitted for the same individual by different employers. This system aims to create an equal selection process for highly skilled workers while curbing attempts to manipulate the registration system. The new process will function during the registration period from March 6, 2024, to March 22, 2024.

The Beneficiary-Centric Selection System

New H-1B Rules Limit Duplicate Entries to Ensure Fair Selection Process

The core change in this system lies in its focus on ensuring that only unique registrations for each applicant, referred to as beneficiaries, are entered into the selection pool. Previously, multiple registrations for a single individual submitted by different employers could result in unfair advantages by increasing their odds of being selected. The beneficiary-centric selection process eliminates this issue and introduces measures that make the system more equitable.

USCIS will now identify each beneficiary using unique travel documentation, such as a passport number, ensuring that no individual benefits from multiple entries in the pool. This step effectively removes the incentive for employers to flood the system with additional registrations, creating a selection process based solely on merit and ensuring fairness for all candidates.

Features that Promote Equitable Selection

The new beneficiary-centric selection system incorporates several important features designed to improve fairness and ensure compliance.

Unique Beneficiary Identification: Each application submission will include identifiable details, such as the beneficiary’s passport or travel documentation number. This measure guarantees that a person can only be entered into the H-1B visa lottery one time, even if they receive multiple job offers.
Uniform Selection Opportunity: Under this system, every applicant will have an equal chance of selection. This change resolves the problem wherein an individual benefitting from numerous registrations could unfairly secure a higher likelihood of being drawn.
Consistent Communication: Once a beneficiary is selected, every employer who submitted a registration for that individual will be notified, allowing them to pursue H-1B petitions during the designated filing window beginning April 1, 2024.

How the Process Blocks Multiple Registrations

The design of the beneficiary-centric selection system effectively neutralizes any advantage employers previously had through submitting duplicate registrations for the same beneficiary. Key elements of this process include:

Elimination of Duplicate Entries

USCIS has structured the system in such a way that even if several employers submit a registration for the same beneficiary, only one entry for that individual will be included in the lottery. This adjustment entirely removes the skewed advantage associated with submitting multiple registrations.

Discouraging Overuse of the System

By limiting each beneficiary to one registration, the USCIS drastically reduces the incentive for employers to submit multiple registrations. In the past, some entities sought to game the system, hoping that numerous submissions for the same individual would increase the likelihood of selection. The new approach removes any strategic benefit from these practices.

Preserving Multiple Job Offers

Importantly, this system does not prevent employers from making multiple legitimate offers to the same individual. If a candidate genuinely receives multiple offers, each employer is still allowed to submit a registration. However, only a single entry for the beneficiary will be included in the selection pool, ensuring the fairness of the process while recognizing cases of legitimate multiple offers.

A Sharp Decline in Registration Numbers

The effect of these changes has already been observed in registration data for the upcoming fiscal year. For the 2025 cap season, the number of eligible registrations fell dramatically to 470,342, a substantial 38.6% reduction compared to the previous figure of 758,994 registrations during fiscal year 2024. These figures demonstrate the immediate impact of this new system on curbing manipulation and discouraging multiple submissions targeting the same individual.

Measures for Compliance and Enforcement

To further ensure the integrity of the H-1B visa program, USCIS has introduced rigorous measures that prevent abuse and maintain fairness:

Employer Declarations

Employers submitting registrations must sign an attestation verifying that they genuinely intend to employ the beneficiary and will file an H-1B petition if selected. This requirement reduces the likelihood of frivolous applications and forces employers to commit to meaningful recruitment efforts.

Accountability and Penalties

USCIS has strongly warned employers that violations of the rules, such as submitting false attestations or colluding with other entities to gain unfair selection advantages, can lead to severe consequences, including criminal investigation. These warnings aim to deter fraudulent or dishonest behavior within the application process.

Accurate Submission Standards

Employers are required to submit precise information for beneficiaries while registering. Entering inaccurate or incomplete information without a valid reason can result in USCIS rejecting the registration or revoking an approved H-1B petition.

Impact on Employers and Foreign Professionals

The introduction of the beneficiary-centric selection system has brought notable changes for employers looking to participate in the H-1B visa program and for skilled workers seeking employment in the U.S.

Effects on Employers

Level Playing Field: Smaller or less resource-intensive businesses will not be disadvantaged under this revised system, as they are unable to submit multiple registrations for beneficiaries. This levels the playing field for all employers participating in the lottery.
Multiple Filing Opportunities: For beneficiaries selected in the lottery with registrations submitted by more than one employer, each employer may still proceed with an H-1B petition filing. Employers will need to remain mindful of their candidates’ potential dual registrations and filings.
Streamlined Filing Requirements: The newly revised system reduces the burden on employers by no longer requiring them to submit extensive itineraries for the entire duration of the H-1B visa term.

Impacts on Beneficiaries

Equal Opportunity: Every applicant in the system has the same chance of selection, regardless of how many employers submit registrations on their behalf.
Support for F-1 Students: Flexible measures introduced as part of this process also benefit F-1 student visa holders transitioning to H-1B status, helping these individuals maintain lawful status and employment authorization during the changeover.
Job Offer Consideration: Beneficiaries remain free to consider job opportunities from multiple employers, as the system does not interfere with their ability to explore different positions.

Looking Ahead: Implications and Adjustments

This groundbreaking system is part of a broader USCIS effort to improve fairness, transparency, and efficiency within the H-1B visa program. The fiscal year 2025 cap registration serves as one of the first test cases for these reforms, providing insight into their effectiveness. Alongside this shift, USCIS has also implemented fee increases for certain petitions, which will likely influence the strategies of both applicants and employers moving forward.

As the new system continues to take root, USCIS will likely refine its policies based on feedback and observed outcomes. The organization is committed to monitoring the fairness and effectiveness of the beneficiary-centric selection system to prevent exploitation and improve fair access for skilled foreign professionals.

The beneficiary-centric H-1B selection process has significantly changed the visa’s registration procedure, introducing fairness and accountability into the system. By preventing duplicate registrations and focusing on unique beneficiaries, the USCIS sets a new standard for equitable visa allocation. For individuals and employers alike, this marks a major step toward a transparent and efficient future. To explore specifics about H-1B petitions and eligibility, visit the USCIS official page. For ongoing analyses, refer to expert commentary from VisaVerge.com.

Learn Today

USCIS (U.S. Citizenship and Immigration Services) → A government agency overseeing immigration, visa, and naturalization processes in the United States.
H-1B Visa → A nonimmigrant visa allowing U.S. employers to hire foreign workers in specialized professional fields.
Beneficiary-Centric Selection System → A method ensuring only unique applications per individual are entered in the H-1B visa selection process.
Attestation → A formal declaration by employers verifying the authenticity of their intent to hire a visa applicant if selected.
Lottery System → A random selection process used by USCIS to allocate a limited number of H-1B visas annually.

This Article in a Nutshell

USCIS’s new H-1B selection process prioritizes fairness. Launching 2025, the beneficiary-centric system ensures only one registration per applicant, even with multiple job offers. This combats duplicate entries, leveling the playing field for highly skilled workers. Employers committing fraud face penalties, making visa allocation transparent, equitable, and a step toward balanced opportunity.
— By VisaVerge.com