Published on 9/3/2019
In 2018, the Department of Homeland Security (DHS) and the United States Citizenship and Immigration Services (USCIS) announced that they would begin implementing significant changes to the H-1B cap petition selection process. More information regarding the reforms can be found in our previous article here.
One of the announced H-1B cap selection process reforms would require employers to electronically pre-register H-1B cap-subject petitions during the two week period prior to the April 1, 2020, opening day of cap filing season. DHS announced today that employers will also be required to pay a minimal registration fee of $10 for each pre-registered H-1B cap-subject petition. The electronic pre-registration provides USCIS with basic information about the company, the position, and the prospective foreign employee. It is expected that USCIS will retain the cap lottery system and use the pre-registrations for initial selection of the H-1B cap petitions eligible for filing. Once the pre-registration period closes, USCIS would run the bachelor’s (or bachelor’s equivalent) and U.S. master’s cap selection lotteries and select enough registrants to meet the 85,000 H-1B cap quota. At that time, selected registrants will be required to submit the full filing of the H-1B cap-subject petitions within a specific timeframe. According to DHS, the registration fee will compensate for the resources expended by USCIS during the implementation and maintenance of the H-1B registration process. Even with the addition of the minimal registration fee, a higher registration rate for employers submitting cap-subject H-1B petitions for the fiscal year of 2021 is expected.
The immigration attorneys at Ryan, Swanson & Cleveland recommend that employers start the H-1B cap petition process for any eligible employees well ahead of the H-1B registration deadline, and we are available to advise employers and assist with the registration and filing process.
Marsha Mavunkel can be reached at [email protected].
Cody Nunn can be reached at [email protected].
Amy Royalty can be reached at [email protected].
Janet Cheetham can be reached at [email protected].
Joel Paget can be reached at [email protected].
Jen Chen can be reached at [email protected].
This message has been released by the Immigration Group at Ryan, Swanson & Cleveland, PLLC to advise of recent developments in the law. Because each situation is different, this information is intended for general information purposes only and is not intended to provide legal advice on any specific facts and circumstances. Ryan, Swanson & Cleveland, PLLC is a full-service law firm located in Seattle, Washington.