On May 22, 2019, Department of Homeland Security (DHS) published its Spring 2019 Fall Unified Agenda of Regulatory and Deregulatory Actions, which provides the public with an overview of anticipated federal regulatory activity. The regulations featured in the Unified Agenda and the timelines stated are aspirational and are not strictly adhered to by DHS.
Included in the agenda is a proposed H-1B Registration Fee, entitled "Fee for Registration Requirement for Petitioners Seeking To File H-1B Petitions on Behalf of Cap Subject Aliens." The proposed rule is described as follows:
The Department of Homeland Security (DHS) will propose to amend its regulations to require a fee for H-1B registrations required by 8 CFR 214.2(h)(8)(iii)(A)(1).
It is our understanding that USCIS will propose a nominal fee of approximately $10-20 for each registration that is submitted for an H-1B cap-subject petition. This small fee is in response to comments received on the Registration Requirement for Petitioner Seeking to File H-1B Petitions on Behalf of Cap-Subject Aliens Rule that took effect on April 1, 2019.
Given that the proposed H-1B Registration Fee rule was delivered to the OMB for review shortly after it was announced on the Spring Unified Agenda, we expect that this proposed rule will be published this summer and anticipate that USCIS will seek to finalize before the FY2021 H-1B cap filing period begins.