Important Updates
Important Updates
May 20, 2025 | United StatesUnited States: April/May 2025 DOL PERM and PWD Processing Times
May 21, 2025 | United KingdomLBN: Youth Mobility is a Good Start - But Britain’s Immigration System Still Needs a Business Reset
May 20, 2025 | European UnionEuropean Union/Schengen Area: Internal Schengen Border Checks Situation
May 20, 2025 | United KingdomFinancial Times Adviser: Relocating to the UK: An Immigration Lawyer’s Guide for US clients
May 20, 2025 | United KingdomResearch Professional News: Immigration White Paper Offers Employers Costs without Clarity
May 20, 2025 | United StatesUnited States: April/May 2025 DOL PERM and PWD Processing Times
May 21, 2025 | United KingdomLBN: Youth Mobility is a Good Start - But Britain’s Immigration System Still Needs a Business Reset
May 20, 2025 | European UnionEuropean Union/Schengen Area: Internal Schengen Border Checks Situation
May 20, 2025 | United KingdomFinancial Times Adviser: Relocating to the UK: An Immigration Lawyer’s Guide for US clients
May 20, 2025 | United KingdomResearch Professional News: Immigration White Paper Offers Employers Costs without Clarity
May 20, 2025 | United StatesUnited States: April/May 2025 DOL PERM and PWD Processing Times
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMedia
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcastsVideos
  • Spotlights
    Navigating Immigration Under the Second Trump AdministrationHumanitarian and Evolving Legal Pathways (HELP)Vietnamese ImmigrationImmigration Matters: Your U.S. Compliance RoadmapFragomen Consulting EuropeAustralian Immigration: New Skills in Demand Visa
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts
  • Videos

Spotlights

  • Navigating Immigration Under the Second Trump Administration
  • Humanitarian and Evolving Legal Pathways (HELP)
  • Vietnamese Immigration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Fragomen Consulting Europe
  • Australian Immigration: New Skills in Demand Visa

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMedia
  • Insights

United States: First Phase of Final H-1B Modernization Rule Introduces Changes to H-1B Cap Registration; FY 2025 Registration Period and H-1B Organizational Account “Live” Date Announced

January 30, 2024

insight-news-default

Country / Territory

  • United StatesUnited States

Related content

  • U.S. Immigration in the Biden Administration

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related content

  • U.S. Immigration in the Biden Administration

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related content

  • U.S. Immigration in the Biden Administration

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

At a glance

  • A final DHS regulation that will change the H-1B cap registration system to a beneficiary-centric system will be in effect for the FY 2025 H-1B cap registration period, which will run from noon ET on March 6 to noon ET on March 22.
  • The final rule also includes anti-fraud measures that enhance DHS’s ability to deny and revoke H petitions based on false statements or invalid registrations.
  • The full H-1B modernization rule will be implemented through one or more final rules, with some provisions still under development.
  • USCIS has also announced that the agency’s new organizational account system will go live at noon ET on February 28.

The issue

A Department of Homeland Security (DHS) final regulation that will change the H-1B cap registration selection process to selection by beneficiary rather than registration, and aims to strengthen H-1B fraud prevention measures, is set to be published on February 2 and take effect 30 days later. This final rule introduces several changes to the H-1B cap process, all of which will be in place before the FY 2025 H-1B cap registration system opens.

The new final rule will implement only some of the provisions contained in the H-1B modernization proposal released in October. One or more future final regulations to implement the full H-1B modernization program are expected.

USCIS has also announced that the FY 2025 H-1B cap registration period will run from noon ET, March 6 to noon ET, March 22. USCIS’s new online organizational account system will also be in effect for the FY 2025 H-1B cap registration period, and will go live at noon ET on February 28. Employers will be able to create new accounts in the system and current account holders will be able to upgrade their existing accounts, beginning on February 28. USCIS has issued some limited information about the new account system and a related e-filing function, and is expected to provide more detail in the coming weeks.

Switch to a beneficiary-centric H-1B cap registration system

The H-1B cap registration system will switch to a beneficiary-centric system, rather than the registration-centric system that has been in effect since 2020. Under the beneficiary-centric system, a foreign national’s passport or valid travel document will be required for an H-1B cap registration submission on their behalf. The passport or travel document will be used as the beneficiary’s unique identifier, serving as the means for their selection in the H-1B cap lottery. Each beneficiary will only be entered into the H-1B cap lottery selection process once, regardless of how many registrations were submitted on their behalf.

Under the new system, if a beneficiary is selected, each potential employer that filed a registration on that beneficiary’s behalf will be notified and eligible to file an H-1B cap petition for the beneficiary. By changing the selection process in this way, USCIS hopes to reduce the incentive for entities to collaborate to submit multiple registrations on behalf of the same foreign national and thereby unfairly increase a foreign national’s chance of selection in the H-1B cap lottery.

In order to implement this new beneficiary-centric system, several new rules will be in place, including:

  • A foreign national will be required to use only one passport or travel document for all registrations filed on their behalf. If USCIS determines that registrations were submitted for the same foreign national using different identifying information, the agency may find those registrations invalid and deny or revoke any associated H-1B petition(s).
  • A travel document may only be used in lieu of a passport where a foreign national is not able to be issued a passport, for example a stateless individual or refugee.
  • Foreign nationals must register using the passport or travel document they plan to use to enter the United States, including if they are in the United States at the time of registration and will subsequently depart.
  • At the H-1B filing stage, the H-1B petition must contain and be supported by the same identifying information that was provided in their selected registration. This means a copy of the passport used for registration must be included in the H-1B petition. However, USCIS has the discretion to permit changes in identifying information in instances including, but not limited to, a legal name change due to marriage, change in gender identify, or a change in passport number or expiration date due to renewal or replacement of a passport.

Strengthening DHS’s ability to deny or revoke H-1B petitions and invalidate registrations

DHS has also tightened several other rules that combat misrepresentation or fraud in the H-1B process. Under the final rule:

  • A prospective petitioner may only submit one registration per beneficiary in any fiscal year. This rule applied to H-1B petitions under the prior rule, and now extends to H-1B cap registrations.
  • USCIS may deny or revoke the approval of an H-1B petition if it determines at any time that the H-1B cap registration fee is declined, not reconciled, disputed, or otherwise invalid.
  • USCIS codifies its ability to deny or revoke an H petition if statements in the petition, corresponding H-1B registration, Labor Condition Application (LCA), or temporary labor certification are found to be inaccurate, misrepresented, or otherwise invalid. This includes circumstances where the attestations contained in an H-1B registration are determined to be false.

For now, DHS chose not to finalize its proposed prohibition on related entities filing registrations for the same foreign national in the same fiscal year. DHS says it may finalize this proposal in a subsequent final rule.  

H-1B modernization provisions not included in this rule

USCIS plans to issue one or more subsequent rules on the remaining elements of the H-1B modernization proposed rule, including proposed changes to the definitions of H-1B specialty occupation, employer-employee relationship, bona fide H-1B employment, and cap-gap protection changes, among others.

What the final rule means for employers and foreign nationals

DHS has stated that preventing misuse of the H-1B cap registration system is a high priority for the agency, and this first rule implements several measures aimed towards that goal. Employers should work closely with prospective FY 2025 H-1B cap beneficiaries to ensure they have valid passports or travel documents and that they are aware of the new parameters of the new beneficiary-centric system.

Though USCIS has announced the FY 2025 H-1B cap registration period of March 6 to March 22, and that the new H-1B organizational account system will become live on February 28, more information on FY 2025 H-1B cap changes is anticipated in the coming weeks.

Fragomen is closely following developments related to H-1B modernization and process changes, and will provide updates as they become available.

This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.

Country / Territory

  • United StatesUnited States

Related content

  • U.S. Immigration in the Biden Administration

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related content

  • U.S. Immigration in the Biden Administration

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related content

  • U.S. Immigration in the Biden Administration

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Media mentions

LBN: Youth Mobility is a Good Start - But Britain’s Immigration System Still Needs a Business Reset

UK Managing Partner Nadine Goldfoot reflects on how the UK’s immigration system might adapt to better support business and short-term mobility.

Learn more

Video

Digital Nomad Visas Explained: How to Travel and Work Remotely

Learn the key requirements for digital nomad visas and find out which countries you can apply to as a remote worker or freelancer. 

Learn more

Media mentions

Financial Times Adviser: Relocating to the UK: An Immigration Lawyer’s Guide for US clients

Practice Leader Olga Nechita provides practical guidance on navigating UK immigration routes, settlement options and key considerations for applicants.

Learn more

Video

New DOLE Rules for Employing Foreign Nationals | #MobilityMinute

Senior Business Immigration Consultant Missy Mae Makil discusses the new DOLE rules for employing foreign nationals in the Philippines.

Learn more

Media mentions

Research Professional News: Immigration White Paper Offers Employers Costs without Clarity

UK Government Affairs Strategy Director Shuyeb Muquit examines how the UK’s new Immigration White Paper could affect talent mobility and growth in the life sciences sector.

Learn more

Media mentions

An Interview with Partner Abeer Al Husseini (الاقتصادية)

Partner Abeer Al Husseini discusses recent changes in Saudi Arabia's commercial regulations, their impact on international businesses and how they support Vision 2030.

Learn more

Awards

Fragomen and Talent Beyond Boundaries Win "Partnership with an International Charity" at Better Society 2025 Awards

Fragomen and Talent Beyond Boundaries received the “Partnership with an International Charity” award at the 10th Annual Better Society Awards.

Learn more

Blog post

Freelance Licence in the UAE: What You Need to Know in 2025

Corporate Services Director Elena Caron outlines essential information and updates regarding obtaining a freelance licence in the UAE, highlighting key requirements and benefits for freelancers.

Learn more

Media mentions

Global Mobility Lawyer: Immigration White Paper Sends Message That the UK is “Closed for Business”

Partner Rajiv Naik discussed how UK employers can prepare for immigration reforms by reviewing policies and aligning mobility with workforce planning.

Learn more

Blog post

A System Reset Presents Challenges and Opportunities: The UK’s Immigration White Paper in Focus

UK Government Affairs Strategy Director Shuyeb Muquit discusses how the UK’s Immigration White Paper presents both challenges and opportunities, highlighting the need for a system reset to address immigration issues effectively.

Learn more

Media mentions

AMCHAM Luxembourg: Interview – Virginie Todesco, Fragomen

Immigration Manager Virginie Todesco highlights how Luxembourg’s clear immigration system and strategic reforms attract global talent and employers.

Learn more

Media mentions

Forbes: H-1B Visa Cap Results: 65% Rejected, Immigration Fees Prompt Decline

Partner Kevin Miner noted that higher H-1B fees may have led employers to be more selective, though demand remains strong.

Learn more

Media mentions

LBN: Youth Mobility is a Good Start - But Britain’s Immigration System Still Needs a Business Reset

UK Managing Partner Nadine Goldfoot reflects on how the UK’s immigration system might adapt to better support business and short-term mobility.

Learn more

Video

Digital Nomad Visas Explained: How to Travel and Work Remotely

Learn the key requirements for digital nomad visas and find out which countries you can apply to as a remote worker or freelancer. 

Learn more

Media mentions

Financial Times Adviser: Relocating to the UK: An Immigration Lawyer’s Guide for US clients

Practice Leader Olga Nechita provides practical guidance on navigating UK immigration routes, settlement options and key considerations for applicants.

Learn more

Video

New DOLE Rules for Employing Foreign Nationals | #MobilityMinute

Senior Business Immigration Consultant Missy Mae Makil discusses the new DOLE rules for employing foreign nationals in the Philippines.

Learn more

Media mentions

Research Professional News: Immigration White Paper Offers Employers Costs without Clarity

UK Government Affairs Strategy Director Shuyeb Muquit examines how the UK’s new Immigration White Paper could affect talent mobility and growth in the life sciences sector.

Learn more

Media mentions

An Interview with Partner Abeer Al Husseini (الاقتصادية)

Partner Abeer Al Husseini discusses recent changes in Saudi Arabia's commercial regulations, their impact on international businesses and how they support Vision 2030.

Learn more

Awards

Fragomen and Talent Beyond Boundaries Win "Partnership with an International Charity" at Better Society 2025 Awards

Fragomen and Talent Beyond Boundaries received the “Partnership with an International Charity” award at the 10th Annual Better Society Awards.

Learn more

Blog post

Freelance Licence in the UAE: What You Need to Know in 2025

Corporate Services Director Elena Caron outlines essential information and updates regarding obtaining a freelance licence in the UAE, highlighting key requirements and benefits for freelancers.

Learn more

Media mentions

Global Mobility Lawyer: Immigration White Paper Sends Message That the UK is “Closed for Business”

Partner Rajiv Naik discussed how UK employers can prepare for immigration reforms by reviewing policies and aligning mobility with workforce planning.

Learn more

Blog post

A System Reset Presents Challenges and Opportunities: The UK’s Immigration White Paper in Focus

UK Government Affairs Strategy Director Shuyeb Muquit discusses how the UK’s Immigration White Paper presents both challenges and opportunities, highlighting the need for a system reset to address immigration issues effectively.

Learn more

Media mentions

AMCHAM Luxembourg: Interview – Virginie Todesco, Fragomen

Immigration Manager Virginie Todesco highlights how Luxembourg’s clear immigration system and strategic reforms attract global talent and employers.

Learn more

Media mentions

Forbes: H-1B Visa Cap Results: 65% Rejected, Immigration Fees Prompt Decline

Partner Kevin Miner noted that higher H-1B fees may have led employers to be more selective, though demand remains strong.

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • Twitter

© 2025 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.