New Electronic H-1B Registration Process for FY 2021

USCIS announced that it has completed a pilot testing phase and is implementing the registration process in the next H‑1B lottery. Employers seeking to file H‑1B cap-subject petitions for the FY2021 cap, including those eligible for the advanced degree exemption, must first electronically register and pay the associated $10 H‑1B registration fee. USCIS will open an initial registration period from March 1 through March 20, 2020.

Below is the USCIS memo regarding the new registration process for the H-1B cap subject cases.  As soon as the instructions are published the Immigration Team at Orr & Reno will pass on the information so employers can be prepared to submit their entries in March.

From:  U.S. Citizenship and Immigration Services

Sent:  Friday, December 6, 2019

Subject:  USCIS Announces Implementation of Electronic H-1B Registration Process

U.S. Citizenship and Immigration Services today announced a requirement for employers seeking to file H-1B cap subject petitions, including those eligible for the advanced degree exemption, to first electronically register and pay the associated $10 H-1B registration fee before filing a petition for the fiscal year 2021 H-1B cap.

USCIS will open an initial registration period from March 1 through March 20, 2020.

  • During this initial registration period, prospective petitioners or their authorized representatives must electronically submit a separate registration naming each alien for whom they seek to file an H-1B cap-subject petition.
  • If a sufficient number of registrations are received, we will randomly select the number of registrations projected as needed to reach the H-1B numerical allocations after the initial registration period closes and no later than March 31, 2020.
  • Prospective petitioners with selected registrations will be eligible to file a cap-subject petition only for the alien named in the registration.

Once the H-1B registration system has been implemented, and when registration is required, the agency will not consider a cap-subject petition properly filed unless it is based on a valid registration selection for the same beneficiary, and the appropriate fiscal year. Additionally, although petitioners can register multiple aliens during a single online submission, duplicate registrations for the same beneficiary in the same fiscal year will be discarded.

During the past few months, USCIS conducted usability testing for the H-1B registration system. We incorporated feedback from those sessions into redesigns of the system. After completing the current development phase, USCIS will conduct further outreach and training prior to the initial implementation of the registration system to allow the public the opportunity to familiarize themselves with the electronic registration process. USCIS will provide guidance on how to use the registration system and prepare registrations before opening the registration system for the initial registration period.

DHS intends to publish a notice in the Federal Register in the coming weeks to formally announce the implementation of the H-1B registration process.

About the Author:  Robin Vermette

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