CLIENT ALERT: USCIS Will Proceed With H-1B Cap Electronic Registration Process

Employers seeking to file H-1B cap-subject petitions will need to complete an initial electronic registration and pay a $10 registration fee for each beneficiary registered. The registration filing period will run from March 1 – March 20, 2020. The registration will require basic information about the company and each worker for whom the employer wishes to file an H-1B petition.

After completion of the registration process, USCIS will conduct its random H-1B lottery selection. USCIS will notify employers of selected beneficiaries, and they will then be eligible to file H-1B cap-subject petitions on behalf of the selected employees. It is expected that USCIS will complete the lottery and be able to notify selected petitions by the end of March. It is anticipated that employers will then have a 90-day window to file the H-1B petition with USCIS. USCIS has indicated that it will be providing specific registration instructions and additional information regarding key deadlines before the registration period begins in March.

Although USCIS has indicated that it plans to roll out the new registration system and that the system has been successfully pilot-tested, our firm remains concerned that the system may not be able to handle the large volume of registrations that are expected to be received. Such system failures have occurred with prior electronic programs in other visa categories, and could cause USCIS to abandon the program for this year’s cap.

As such, it is imperative to carefully consult with your Klasko attorney to develop an appropriate filing strategy for your employees. Of course, we will be monitoring developments closely and will be providing further updates.

A webinar on this topic will also be held on January 16, 2020, and you may sign up by clicking here.

Please consult with your Klasko attorney regarding any questions associated with the new H-1B cap-subject filing process.