The H-1B selection process has been updated with a new beneficiary-centric system that will impact how registrations are processed. Under this new system, the selection process will now be based on the beneficiary's valid passport number or another valid travel document, rather than the number of employer registrations submitted for that individual. This means that no matter how many employers submit H-1B registrations for the same beneficiary, the lottery will only count the unique beneficiary once. Previously, the selection process was based on the number of employer registrations. With the new approach, each employer that submits a registration for a beneficiary must use the same passport or travel document number. Once the selection process is complete, the USCIS will notify the employers whose registrations were selected, allowing them to submit an H-1B petition for the beneficiary during the 90-day filing window. Additionally, under the final rule, all employers who registered a selected beneficiary will be able to submit an H-1B petition for that beneficiary. There is no longer a designation of a single employer to file the petition in the case of multiple registrations. This gives beneficiaries more autonomy in choosing which employer they ultimately work for. The USCIS will adjudicate each petition submitted by the employers, and the beneficiary can begin working under any of the approved petitions, provided they are still valid. The USCIS states that this beneficiary-centric system was designed to eliminate the ability of beneficiaries to increase their chances of selection by requesting multiple employers to submit registrations on their behalf. The USCIS believes that this new system will prevent “gaming” of the process, ensuring fairness and increasing the integrity of the selection system. If you have any questions, please leave them below. If you have questions about your visa status or if you are an employer exploring immigration options, we are here to help. At the Law Office of Julia L. Stommes, we are committed to helping individuals and businesses navigate complex legal landscapes.
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