UPDATE: USCIS PROPOSES REGISTRATION FEE TO FILE H-1B CAP-SUBJECT PETITIONS

Practice Areas

By: Angelita Chavez-HalakaArmando Escobedo

SUMMARY

On September 3, 2019 the US Department of Homeland Security (DHS) published a proposed rule that would require Petitioners to pay a $10 electronic registration fee to US Citizenship and Immigration Services (USCIS) for each H-1B Cap-Subject Petition registered during the designated period.

Registration Process:

  1. USCIS would post a notice of registration at least 30 days prior to the designated period on its website and would open the registration at least 14 days prior to the first date of the H-1B filing window (April 1), and remain open for at least 14 days
  2. Employers will be allowed to submit only one registration per beneficiary with the following required information:
  • Employer:
    • Employer Identification number (EIN)
    • Address
    • Authorized representatives
    • Name
    • Job title
    • Contact information
  • Beneficiary
    • Full name
    • Date of birth
    • Country of birth & citizenship
    • Gender
    • Passport number
    • Highest level of education
  • Employer’s attorney or accredited representative, if applicable; and
  • Any basic information required by the registration system or USCIS

Please Note: USCIS suspended the electronic registration requirement for FY 2020 H-1B Cap season.

Effectiive date:

The proposed rule will officially be published in the Federal Register on September 4, 2019. It will begin a 30-day public comment period and DHS will issue a finalized rule after carefully reviewing the public comments.

As always, we will continue to monitor this proposed change.

Stay Updated

For more information about preparing for FY2021 H-1B cap season, and/or to subscribe to our newsletter, please email us at info@chugh.com. We also encourage you to share our alerts with your contacts who might benefit.

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