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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