Proposed H-1B Registration Fee Regulation Pending Review at OMB

On May 22, 2019, the Department of Homeland Security (DHS) published its Spring 2019 Fall Unified Agenda of Regulatory and De-regulatory Actions. This list is a public overview of anticipated federal regulatory actions. It is important to note that the regulations and timelines are anticipated and thus not strictly adhered to by DHS.

One regulation in the agenda is called "Fee for Registration Requirement for Petitioners Seeking To File H-1B Petitions on Behalf of Cap Subject Aliens." This regulation will require a fee for H-1B registrations. According to AILA's interpretation, USCIS will implement a fee of around $10-20 for each registration that is submitted for an H-1B cap-subject petition. AILA expects this fee to be published some time this summer. USCIS will likely officially put this regulation into practice before the FY2021 H-1B cap filing period.

Why is USCIS implementing this regulation?

This fee is in response to comments on the "Registration Requirement for Petitioners Seeking to File H-1B Petitions on Behalf of Cap-Subject Aliens" rule in the Federal Register that went into effect on April 1, 2019. The final rule amends the regulations regarding H-1B petitions that USCIS may count toward the 65,000 visa cap.

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This information comes from a news release from the American Immigration Lawyers Association (AILA Doc. No. 19061332).