On September 4, 2019 the
USCIS announced a new
proposed rule that requires employers preparing to file H-1B
cap-subject petitions to pay a $10 fee for each electronic registration the
employer submits to USCIS. The USCIS is
funded by fees collected for filings and plans to use the registration fees to
cover the costs of implementing the new pre-registration system.
In January
2019 the USCIS introduced an electronic registration requirement for
employers seeking to file H-1B cap-subject petitions. Under the
January 2019 rule, all H-1B lottery petitions will need to be electronically
pre-registered during the H-1B pre-registration period from April
1-7. After the pre-registration period has concluded, USCIS will run
the H-1B lottery. All H-1B lottery winners will then submit the
actual H-1B petition.
After considering public
feedback, USCIS decided to suspend the electronic pre-registration
requirement until the April 2020 cap season in order to complete user testing
and ensure the system and process are fully functional.
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