H-1B Registration Updates

On January 31, 2019, USCIS issued a final rule which made substantial changes to the H-1B visa lottery process. The rule added an electronic registration component for petitioners submitting H-1B cap-subject petitions. It also changed the order in which USCIS selects petitions under the H-1B cap and advanced degree exemptions. The rule went into effect on April 1, 2019, but DHS suspended the electronic registration requirement for FY2020.

In September, USCIS published a rule that requires petitioners submitting H-1B cap-subject petitions to pay a fee of $10 with their electronic registration. Later that month, USCIS indicated that it intends to implement the new registration process for the FY2021 cap season.

AILA has expressed concerns about the timing of USCIS's implementation of the electronic registration system. USCIS has still not publicly announced whether it will implement the electronic registration system in the federal register. According to AILA, in preparation for the FY2021 cap season, many attorneys and employers are preparing as they normally would.

For More Information:

Read our previous blog posts regarding the announcement of the final rule and the subsequent publication of the final rule.

View the final rule governing cap-subject petitions in the federal register here. View the proposed rule on the H-1B registration fee in the federal register here.

This blog post does not serve as legal advice and does not establish any client-attorney privilege. If you have any questions, please do not hesitate to contact our legal team directly.

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This information comes from a news release from the American Immigration Lawyers Association (AILA Doc. No. 19013035).