On December 6, 2019, USCIS announced that it will implement a requirement that employers seeking to file H-1B cap-subject petitions for fiscal year (FY) 2021, including those eligible for the advanced degree exemption, must first electronically register and pay the associated $10 H-1B registration fee to determine if they may file an H-1B cap-subject petition.

DHS indicates that it intends to publish a notice in the Federal Register in the coming weeks to formally announce implementation of the H-1B registration process and to lay-out the process.

It appears that CIS is requiring registration in order to conduct a “Pre-Lottery” of sorts to select individual cases that will be allowed to file an H-1B petition on April 1st, 2020. Please note, if selected, there is no guarantee the case will be approved, it only means you have been registered and selected to file an H-1B case with CIS. The case still must be adjudicated by an officer. Registration for an H-1B is required in order to be selected for the H1B visa.

USCIS has indicated that it 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 has also indicated that it will provide guidance on how to use the registration system and prepare registrations before opening the registration system for the initial registration period, which is anticipated to be March 1, 2020 through until March 20, 2020.

However, if your company is going to sponsor an individual who requires an H-1B visa this up-coming fiscal year, please contact our office at (313) 965-2909 or email Meghan Kennedy Riordan at mkr@kitch.com so we may begin the “pre-registration” process.

Any information included here or through our web site is presented solely for general informational purposes and is not in any way intended as legal advice, is not a substitute for getting actual legal advice from an attorney, and should not be acted upon as legal advice without first seeking qualified professional counsel specific to your needs and situation. Additionally, by providing this general information and the information on our web site, no attorney client relationship is created.

Important Changes to H-1B Program For The Upcoming Year

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